David Knights' Weblog

October 28, 2012

More 6th Cir. FDCPA news

Filed under: Legal — dknights @ 12:35 pm
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The Sixth Cir. has now joined the Seventh Cir. in deciding that condo fees are debts under the FDCPA.  I believe this is the correct decision and not really a close call.

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October 17, 2012

FDCPA news

Filed under: Kentucky,Legal — dknights @ 3:37 pm
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A win for the collection agency/collection attorney in a 6th Cir. case.  Case here.

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.

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.

January 20, 2012

Quit while you are behind

Filed under: Legal — dknights @ 12:56 pm
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Submitted for your reading without too much comment, since one of the parties here is an attorney.  As they say in Top Gun, it is a mistake to push a bad position.  For FDCPA attorneys, the opinion is of note because it is one of the few cases you’ll see where an attorney was held not to be a “debt collector under the FDCPA.

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.

June 3, 2010

How not to collect debts

Filed under: Legal — dknights @ 8:23 am
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Here is exhibit A.

November 11, 2009

New York FDCPA case

Filed under: Legal — dknights @ 6:08 am
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This decision highlights what has happened a lot in the leegal collection industry in the last 10 years.  With computerization, information is now passed from creditor computers or collection agency computers directly to computers at collection law firms.  Demands are made without any human being ever actually examining the matter.  This is not a good trend and it will only get worse.

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