Consumer Financial Services Law
MARCH 23, 2021
District Court for the Eastern District of New York recently denied cross-motions for summary judgment on a debtor’s claim that a law firm’s validation notice constituted a meaningful attorney involvement violation of the FDCPA. By: Landon G. Van Winkle The U.S. Solovyova v. Grossman & Karaszewski PLLC , No. 19-CV-2996, 2021 U.S.
Jimerson Firm
JANUARY 17, 2023
Oftentimes, consumer lawyers bring claims for technical violations of the statutes, even when there are not any actual damages suffered by a consumer. is board certified in business litigation by the Florida Bar and practices in the firm’s banking and financial services industry team. Businesses should be aware of each statute.
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Consumer Financial Services Law
FEBRUARY 17, 2020
As drolly described by the Court, “[a] lawyer sued two lawyers, and each side hired more lawyers. A series of post judgment garnishments. In Van Hoven , a law firm enforced a judgment by filing a series of garnishments. LEXIS 1483, *2 (6 th Cir. So what caused this apocalyptic litigation war?
Jimerson Firm
SEPTEMBER 28, 2020
The defendant is required to file written defenses with the clerk of the court and serve a copy on the plaintiff or plaintiff’s lawyer within thirty (30) days after the first publication of the Notice of Action. 49.09, Fla. Failure to Comply With Requirements. See Shepheard v. See Shepheard v. Deutsche Bank Tr. Americas , 922 So. 2d 340 (Fla.
Jimerson Firm
DECEMBER 11, 2023
However, within one year, the Eleventh Circuit granted hearing en banc and vacated the judgment. The court rejected the proposition that plaintiffs with no standing in the Eleventh Circuit could be part of a nationwide class, even if they may have standing in accordance with the precedential holdings of other circuits. at 1358–59.
BN Lawyers
JANUARY 14, 2019
The district court granted summary judgment, holding that Trott had ceased collection of the debt because Trott itself performed no more activity. Both the text of the FDCPA and the applicable case law make it clear that Section 1692g does not provide a grace period.
BN Lawyers
MARCH 21, 2019
If a deficiency judgment is sought (or possible with contractual fees and costs) such a request for relief might be sufficient to trigger the FDCPA’s “debt collector” definition. Similar risks may lie in wait for attorneys who pursue replevin actions.
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