BV80 Posted June 15, 2020 Report Share Posted June 15, 2020 In Bjornsdotter v. Suttell & Hammer, PS, the Oregon District Court found that a consumer filed an FDCPA complaint in bad faith and has ordered the consumer to pay the debt collector’s attorney fees in the amount of $65,465.25 and court costs of $1,566.55. “Plaintiff's claims were clearly untenable from the outset of this litigation.” https://scholar.google.com/scholar_case?case=15495408910577052216&q=“Bjornsdotter+v.+Suttell+%26+Hammer”&hl=en&as_sdt=6,41 Quote Link to comment Share on other sites More sharing options...
Goody_Ouchless Posted June 15, 2020 Report Share Posted June 15, 2020 "A frivolous case is one that is groundless . . . with little prospect of success; often brought to embarrass or annoy the defendant." United States v. Manchester Farming P'ship, 315 F.3d 1176, 1183 (9th Cir. 2003) (citation and internal quotations omitted). 1 Quote Link to comment Share on other sites More sharing options...
Brotherskeeper Posted June 15, 2020 Report Share Posted June 15, 2020 7 hours ago, BV80 said: In Bjornsdotter v. Suttell & Hammer, PS, the Oregon District Court found that a consumer filed an FDCPA complaint in bad faith and has ordered the consumer to pay the debt collector’s attorney fees in the amount of $65,465.25 and court costs of $1,566.55. “Plaintiff's claims were clearly untenable from the outset of this litigation.” https://scholar.google.com/scholar_case?case=15495408910577052216&q=“Bjornsdotter+v.+Suttell+%26+Hammer”&hl=en&as_sdt=6,41 "Plaintiff also lobbed several insults and accusations at Defendants, which supports an inference that she sought to embarrass or annoy them. See Pl.'s Mot. 17, 18, 30, 31, ECF No. 32 (accusing Defendants of being unethical, allowing the filing of a false affidavit, "demonstrat[ing] an absolute willingness to corrupt their claims and misrepresent and deceive the court," and being "corrupt"); Pl.'s Reply 12, ECF No. 46 (stating that Defendants "are complete idiots" or acted "in bad faith," "do not take their obligation to tell the whole truth seriously," and "[h]id[e] behind unsustainable objections and us[e] half-truths to tell whole lies."). Plaintiff brought these claims in bad faith and for the purpose of harassment." 1 Quote Link to comment Share on other sites More sharing options...
Brotherskeeper Posted June 15, 2020 Report Share Posted June 15, 2020 34 minutes ago, Brotherskeeper said: us[e] half-truths to tell whole lies.") @BV80 I gotta give this one to her, though. Quote Link to comment Share on other sites More sharing options...
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