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Category Archives: Legal
Property security companies are not debt collectors under the FDCPA
I know this seems obvious, but in Thompson v. FIVE BROTHERS MORTGAGE COMPANY SERVICES AND SECURING, INC., Court of Appeals, 6th Circuit 2020, the 6th Circuit had to state that a company hired to secure a foreclosed property is not … Continue reading
Put up or shut up
In Brown v. CACH, LLC, Court of Appeals, 7th Circuit 2024 the 7th Circuit artfully points out that a Motion for Summary Judgment is “Put up or shut up” time. A plaintiff can’t simply rest on bare allegations in a … Continue reading
Beware the quick dismissal
In CHULUUNBAT v. WELTMAN, WEINBERG & REIS CO., Court of Appeals, 7th Circuit 2022 we see that sometimes a quick win isn’t the best win as it can lead to prolonged litigation on appeal.
This happens all the time
In Gonzalez v. LAKSHMI NARAYAN HOSPITALITY GROUP, Dist. Court, WD Kentucky 2021 we see an all to common occurrence, a pro se plaintiff totally misunderstanding the FDCPA and its requirements.
Proof of claim in bankruptcy on time barred debt…FDCPA violation.
In IN RE SOMOHANO, Court of Appeals, 11th Circuit 2020, we learn that the answer is no, as long as the creditor discloses that the debt is time barred on the proof of claim.
A discovery fight in an FDCPA case.
In HRDLICKA v. Bruce, Dist. Court, ED Kentucky 2023 we see some of the discovery issues that arise in an FDCPA case. A good discussion of how those should be handled.
Reporting delinquency dates on credit reports as FDCPA violation.
In Long v. NATIONWIDE RECOVERY SERVICE, INC., Dist. Court, WD Kentucky 2023, the plaintiff makes and FDCPA claim based on the collector’s alleged misreporting of a delinquency date to a credit reporting agency. A great discussion of the interplay between … Continue reading
Lack of standing dismissals are without prejudice
In Davis v. PROFESSIONAL PARKING MANAGEMENT CORPORATION, Court of Appeals, 11th Circuit 2023, the 11th Circuit affirms the dismissal of an FDCPA complaint, but points out that such a dismissal must bee without prejudice.
3rd Circuit reminds us what an FDCPA complaint must contain
In Grooms v. ALLY FINANCIAL, Court of Appeals, 3rd Circuit 2023 the Court does a nice job of laying out what an FDCPA complaint must allege.
Garnishing out of state employers
Thompson v. Renner, Court of Appeals, 6th Circuit 2022 teaches us to be careful when garnishing out of state employers. A lack of jurisdiction over the Garnishee-Employer can bite the law firm who issued the garnishment.
The Court of Last Resort 