David Knights' Weblog

August 24, 2012

The latest 7th Cir. FDCPA case

Filed under: Legal — dknights @ 12:13 pm
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It is here.  I think the decision is probably right, though it is pretty harsh.

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June 27, 2012

FDCPA SOL

Filed under: Legal — dknights @ 12:56 pm
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The FDCPA contains a venue provision which overlays state statute venue provisions and causes problems from time to time.  When an attorney files suit in the wrong venue in violation of the FDCPA venue provision, when does the one year statute of limitations for the violation begin to run, on the filing of the suit or the service of the process.  It is an interesting question that has seen a split amoung the circuits.  I don’t think the Sixth circuit has ruled on the question.

This is a recent decision that comes to the conclusion that the statute begins to run upon the filing of the action.

May 5, 2012

Kentucky legal news

Filed under: Legal — dknights @ 6:33 pm
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An interesting KY Court of Appeals decision.  Creditor’s attorneys need to take note.  Simply asserting that your client is the current owner of a debt is not enough.  Opinion here. 

November 25, 2011

Stupid story of the day

Filed under: Legal — dknights @ 12:49 pm
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Read here.  Nearly everything in that story is incorrect.  These people are getting jailed for failing to respond to post-judgment discovery deposition or failing to appear in court for hearings on why they failed to comply with a previous court order.

October 17, 2011

FDCPA Statute of Limitations

Filed under: Legal — dknights @ 12:19 pm
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This interesting little decision points out that the 6th Cir. has not addressed the issue of when the FDCPA statute of limitaitons begins to run and also notes that there is a split among the other circuits.  FDCPA practitioners be aware.

October 6, 2011

Collection craziness

Filed under: Legal — dknights @ 12:07 pm
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Like every industry, collections has its bad apples.  The Federal Trade Commission nominally administers the FDCPA.  However, it is rare for them to actually step in and sieze a collections operation.  See the story here.

September 3, 2011

Kentucky Collection law news

Filed under: Kentucky,Legal — dknights @ 12:10 pm
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I meant to get to this recent Kentucky case which holds that violations of the bankruptcy discharge has to be address in a motion in the main bankruptcy case and that any FDCPA claim for attempting to collect a discharged debt must be pursued by a separate action rather than in the bankruptcy court.

Read the very well written opinion here.

July 25, 2011

Seller beware

Filed under: Legal — dknights @ 8:02 pm
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In my business, I see sellers who have unwisely extended credit.  Mostly, this is from a failure to do some basic credit checks.  However, there is a growing industry that makes it harder for even the dilligent credit executive to make good decisions.  Read about it here.

January 15, 2011

11th Cir. FDCPA case

Filed under: Legal — dknights @ 6:31 am
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The recent 11th Circuit case of Owen v. I.C. System, Inc. ought to frighten the heck out of retail collection agencies and retail collection law firms.  It seems to imply a duty upon the agency or firm to confirm that the original creditor has charged interest in accordance with the credit terms of any signed agreement with the debtor. 

In this case, in addition to the creditor miscalculating interest accrual, the agency was adding a 7% “interest fee” to every account placed.  This may end up making the case distinguishable from a subsequent case where the agency merely pursues an overlarge amount that was created by the creditor’s interest miscalculation. 

The court in this case not only reversed the granting of summary judgment for the agency, it remanded and ordered summary judgment entered for the debtor.  A truly harsh result.

November 7, 2010

Collections

Filed under: Legal — dknights @ 6:05 am
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In general, the attorneys in the collection industry are a pretty decent group.  However, in the industry you hear horror stories about collection agency tactics all the time.  Read this.  If it is true, I’ve got to believe that someone will go to jail; at least I hope they will.

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