Read the results of this landmark case. Hudson & Keyse, L.L.C. v. Lavern W. Gipson and Emmett Gipson–Appeal from Co Civil Ct at Law No 1 of Harris County In The Court of Appeals For The First District of Texas NO. 01-07-00380-CV ——————————————————————————————————————————————————— Opinion issued January 31, 2008 HUDSON & KEYSE, L.L.C., Appellant, v. LAVERN […]
This is a case that establishes that violations of the Fair Debt Collection Practices Act are automatically violations of Ohio’s Consumer Sales Practices Act. M E M O R A N D U M O P I N I O N In this suit to collect a credit-card debt, debtor Celia Barajas asks us to […]
This is a case that establishes that violations of the Fair Debt Collection Practices Act are automatically violations of Ohio’s Consumer Sales Practices Act. CIVIL ACTION NO. 1:02CV 874 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO 2003 U.S. Dist. LEXIS 24992 The consumer suing under the FDCPA need not prove that a […]
Read the results of the Freyermuth vs Credit Bureau Services, Inc. case. FREYERMUTH v. CREDIT BUREAU SERVICES, INC. NO. 00-2661. ——————————————————————————————————————————————————— 248 F.3d 767 (2001 Troy L. FREYERMUTH Appellant, v. CREDIT BUREAU SERVICES, INC, d/b/a Checkmate of Fremont Appellees United States Court of Appeals, Eighth Circuit. Submitted: February 15, 2001. Filed: April 27, 2001 ——————————————————————————————————————————————————— […]
The Brady decision resulted in two significant developments. First, if a collection agency reports an account to a CRA and the agency has even the slightest indication that an account is disputed, the agency must report the account as disputed. Second, although collection agencies were previously obligated to report disputes under the FCRA, the Brady […]
This lets the court know that you are appearing and actively participating in this lawsuit. It also gives you the right to receive each and every document, motion, and order that the court and the plaintiff file so that you are not left in the dark and know exactly what is going on with your […]
Well it’s awesome that you are not sitting there just taking a default judgment and you have decided to fight back! In my other posts I have said that 95% of these lawsuits are won on default. This means that people just don’t fight back; they don’t answer their lawsuit and get a default judgement. […]
You need to read your local court rules. Most states will specify when the statute starts to run; many say that the clock starts ticking when you made your very last payment to the account (defaulted). If you made a payment in May, skipped four months and paid it again in September, then September would […]
If a creditor or junk debt buyer has decided to sue you on credit card debt owed, you will receive a Summons and Complaint. The Summons is basically the court telling you that you’ve been sued and you have so many days to answer the Complaint that is attached. The Complaint will have numbered paragraphs […]
Read this historic Fair Debt Collection Practices Act ruling: OCTOBER TERM, 1994 Syllabus HEINTZ et al. v. JENKINS CERTIIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUITNo. 94–367. Argued February 21, 1995—Decided April 18, 1995 Petitioner Heintz is a lawyer representing a bank that sued respondent Jenkins to recover the balance due […]