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Improper debt collections nets $1.2M settlement
A class-action lawsuit against a debt collector has resulted in a $1.2 million settlement, the attorneys for the plaintiffs report. The lawsuit was filed in 2015 in the U.S. District Court for the Middle District of North Carolina and alleged that a collection agency, whose name was withheld, had attempted to collect debts that […]
Stein opposes federal lawyer debt collection bill
North Carolina Attorney General Josh Stein signed a letter in opposition to pending federal legislation that he said would allow debt collection attorneys to use the state courts to intimidate customers into paying. The pending litigation Stein opposes is the Practice of Law Technical Clarification Act which would amend the Fair Debt Collection Practices Act […]
NC debtor challenges U.S. Virgin Islands law
The North Carolina Court of Appeals is considering whether the Tar Heel State should recognize judgments out of the small claims division of the U.S. Virgin Islands, which prohibits litigants from having attorneys or jury trials. Wake County resident Jerry Hailey argues that he was deprived of a meaningful hearing in the islands after he […]
Bankruptcy – No ‘Cure’ of Debtors’ Interest Rate Hike
Anderson v. Hancock (Lawyers Weekly No. 001-078-16, 20 pp.) (Wilkinson, J.) No. 15-1505, April 27, 2016; USDC at Raleigh, N.C. (Flanagan, J.) 4th Cir. Holding: Debtors whose mortgage loan interest rate was increased upon default cannot effect a “cure” under 11 U.S.C. § 1322(b)(2) by using their bankruptcy plan to bring post-petition loan payments back […]
Debt collectors beware: Judge’s ruling could change the game
HAWTHORNE, N.J. (AP) — Ever had a debt collector on your back for money you knew you didn’t owe? Listen to the story of Steven Psaros and take heart. The Great Recession forced Psaros into foreclosure on the house he had bought in this northern New Jersey town in 1999. Then, another blow. A debt […]
Tort/Negligence – Abuse of Process – Debt Collection – Related Entities
London Leasing, LLC v. Ray (Lawyers Weekly No. 15-15-1116, 7 pp.) (Gregory McGuire, J.) 2015 NCBC 106 Holding: Where plaintiff filed its amended complaint for the manifestly proper purposes of recovering money for the breach of its financing agreement and of collecting from newly added defendants that are related to the original debtor, this is […]
Unauthorized practice suit against debt settlement company moves forward
The motion had been on his desk for more than a year. But when he was finally able to sit down and make a ruling, the chief judge of North Carolina’s Business Court did not struggle with his decision to deny a debt settlement company’s attempt to torpedo a complaint accusing it of practicing law […]
Tort/Negligence — Debt Collection – Real Property – Foreclosure – Notice – Civil Practice
Foh v. Chase (Lawyers Weekly No. 15-03-0906, 21 pp.) (William Osteen Jr., J.) 1:14-cv-00928; M.D.N.C. Holding: Although plaintiff’s property has already been foreclosed on in state court, plaintiff’s claims against two attorneys and their law firm under federal and state debt collection laws are not barred by the Rooker-Feldman doctrine. The court denies defendants’ motion […]
Bankruptcy — Post-Confirmation FDCPA Claims Barred
Covert v. LVNV Funding LLC (Lawyers Weekly No. 15-01-0209, 16 pp.) (Shedd, J.) No. 14-1016, March 3, 2015; USDC at Greenbelt, Md. (Chasanow, J.) 4th Cir. Holding: Chapter 13 debtors who made payments under their approved plans to a lender who filed proofs of claims but who did not have a Maryland debt collection license […]
Consumer Protection — Fair Debt Act Covers Filing Judgment Assignment
Powell v. Palisades Acquisition XVI LLC (Lawyers Weekly No. 001-004-15, 23 pp.) (Niemeyer, J.) No. 14-1171, Dec. 18, 2014; USDC at Baltimore, Md. (Bennett, J.) 4th Cir. Holding: Filing of an assignment of judgment in a debt collection action qualifies as debt collection activity that triggers the protections of the Fair Debt Collection Practices Act, […]
Administrative — Primary Jurisdiction Doctrine – Consumer Protection – TCPA – Debt Collection Calls – Cell Phone
Beiler v. GC Services L.P. (Lawyers Weekly No. 14-03-1021, 12 pp.) (Thomas Schroeder, J.) 1:13-cv-00869; M.D.N.C. Holding: Construing a statute is squarely within the expertise of an Article III court; therefore, the court declines to refer this matter to the Federal Communications Commission for rulings on whether (1) all predictive dialers are categorically automatic telephone […]
Civil Practice — Standing – Debt Collection Act – Connection to Debt – Manufactured Home
Green Tree Servicing LLC v. Locklear (Lawyers Weekly No. 14-07-0935, 22 pp.) (Sam Ervin IV, J.) Appealed from Robeson County Superior Court (Thomas Lock, J.) N.C. App. Holding: Where an heir moved into his decedent’s manufactured home after her death, started making payments on the home’s retail installment contract, and was harassed by plaintiff’s agents […]
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