calawyer

$300,000 award against law firm for time-barred suit

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As long as we are "blessing hearts", a big one goes out to Dick Rubin who represented the plaintiff on appeal. Dick is an amazing lawyer who co-authored NCLC's book on Fair Debt Collection and has been making good law in this area for many years.

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I don't believe for one nanosecond that the JDB paid $3800 for a delinquent $3000 credit card debt.

I don't believe it either, there is no way in HECK that they paid $3,800 for a single debt, that wouldn't be a good business model

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Nah. Just a levy on the firm's property. Foreclose and sell their office space. :-)

My question is... why back in 2003 did the consumer pay $75 to reimburse the collector for court costs when the collector dropped their original time barred suit under a valid affirmative defense? Seems that is the collector's loss.

Also a nice nugget in the court's opinion states that it is an FDCPA violation for any debt collection lawyer to send a conumer an admission document asking for anything that could be deceptive or false. e.g. Asking the consumer to admit that the debt is valid when the consumer has raised an affirmative defense.

Edited by Methuss
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Nah. Just a levy on the firm's property. Foreclose and sell their office space. :-)

You make it sound so simple, the man is a retired janitor with brain damage.

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You make it sound so simple, the man is a retired janitor with brain damage.

I think you missed the reference to the recent case where a guy sued for RESPA violations and did exactly that to WellsFargo.

In any case, he got counsel...so he has a lawyer to handle it.

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