18 results for 'cat:"Debt Collection" AND cat:"Attorney Fees"'.
J. Brody finds that the district court properly reversed the magistrate court and ordered a new trial on a debt collection complaint. Disputed issues of material fact exist, the debt collector's failure to provide a transcript of magistrate court proceedings bars its argument that a new trial is needed, and the debt collector failed to show the debtor is not entitled to attorney fees on intermediate appeal. Affirmed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: March 25, 2024, Case #: 49755, Categories: debt Collection, attorney Fees
J. Hamilton finds that the lower court improperly awarded the student $1,000 in statutory damages and $58,000 in attorney fees in a suit over an attorney's failure to warn him of the consequences of failing to respond to requests for admission in an underlying education debt collection action , in violation of the Fair Debt Collection Practices Act. The student lacks standing to bring his claim because the attorney never tried to take advantage of his failure to respond, so the student was not harmed by the attorney's statutory violation. Vacated.
Court: 7th Circuit, Judge: Hamilton, Filed On: March 21, 2024, Case #: 22-2602, Categories: debt Collection, attorney Fees
J. Nowell finds that the lower court improperly awarded attorney fees in this suit for damages but otherwise affirms the judgment. The petition stemmed from an alleged medical debt, and the evidence sufficiently established the validity of the appellee's sworn account claim. However, the appellant was improperly denied a jury trial on attorney fees. Reversed in part.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: March 15, 2024, Case #: 05-23-00053-CV, Categories: debt Collection, Health Care, attorney Fees
J. Osteen grants an online political strategy firm’s motion for summary judgment following its claim that a multinational investment company failed to pay a third installment on a $900,000 promissory note. This claim comes after the company was recently sued for public corruption for bribing politicians in exchange for governmental decision making power that would benefit the company. The company shows no evidence that it is not obligated to pay the third installment of $300,000 plus interest and attorney fees of $45,000.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: March 14, 2024, Case #: 1:21cv206, NOS: Other Contract - Contract, Categories: debt Collection, attorney Fees, Contract
J. McAuliffe recommends granting, in part, $7,100 in attorney fees and costs to an individual following her acceptance of judgment in her debt collection case. The requested $16,700 is reduced, in part, because the requested hourly rates for the attorneys and paralegals does not reflect prevailing market rates for the district.
Court: USDC Eastern District of California, Judge: McAuliffe, Filed On: March 13, 2024, Case #: 1:23cv186, NOS: Consumer Credit - Other Suits, Categories: debt Collection, attorney Fees
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J. Menendez partially grants the debtors' motion for attorney's fees in their Unfair Debt Collection Practices Act suit against the debt collectors. The debtors' claimed $450 hourly rate for their attorney is unreasonable given the relatively simple and minimal litigation involved in this matter, and the debt collectors' proposed $350 hourly rate for fees is adopted. His claimed hours are also more excessive than applied discounts can account for. Several fees are also not reasonable, and the debtors are awarded $12,239 in fees and costs rather than their claimed $29,139.
Court: USDC Minnesota, Judge: Menendez, Filed On: January 22, 2024, Case #: 0:23cv632, NOS: Consumer Credit - Other Suits, Categories: debt Collection, attorney Fees
J. Tostrud partially grants the debtor's motion for attorney fees and costs after he accepted an offer of judgment from the debt collector in a fraud and invasion of privacy action alleging violations of the Fair Debt Collection Practices Act, Driver's Privacy Protection Act and the Fair Credit Reporting Act. One attorney's claimed hourly rate is reduced by about 14% because he has fewer credentials and less experience than the other attorney. The debtor also failed to show that a paralegal's claimed hourly rate is reasonable. The debtor is awarded $78,000 in attorney fees and $7,000 in costs.
Court: USDC Minnesota, Judge: Tostrud, Filed On: September 27, 2023, Case #: 0:22cv1799, NOS: Consumer Credit - Other Suits, Categories: debt Collection, attorney Fees
J. King grants the homeowners $1,000 in damages for Fair Debt Collection Practices Act violations and $4,800 in attorney fees for their complaint alleging that the collection agency threatened to file a lawsuit against them for not paying an alleged debt due to a dispute regarding door installation services on their home. The collection agency wrongfully contacted the homeowners on several occasions before 8 a.m., with the number of contact attempts qualifying as harassment.
Court: USDC Western District of Washington, Judge: King, Filed On: September 22, 2023, Case #: 2:21cv227, NOS: Consumer Credit - Other Suits, Categories: debt Collection, Damages, attorney Fees
J. Black grants the consumer's motion for default judgment, ruling she is entitled to more than $11,000 in statutory damages, attorney fees and actual damages for the debt collector's conduct, none of which is contested, including several phone calls and threats of a lawsuit over a debt that was time-barred.
Court: USDC Southern District of Ohio, Judge: Black, Filed On: September 7, 2023, Case #: 1:22cv384, NOS: Consumer Credit - Other Suits, Categories: debt Collection, Damages, attorney Fees
J. Hartz finds that the lower court properly issued an award of attorney fees and other sanctions in a debt collection dispute. An attorney involved in the dispute raises several issues on appeal regarding the award, such as that the lower court improperly applied the law as it relates to fees due to sanctioned attorney’s multiplication of proceedings. None of these claims have merit, though the matter is remanded for the reduction of a single fee included in the award. Affirmed.
Court: 10th Circuit, Judge: Hartz, Filed On: July 13, 2023, Case #: 22-1266 , Categories: debt Collection, attorney Fees
[Consolidated.] J. Weingart finds that a debt collector's failure to properly serve a debtor before filing a complaint violated the Rosenthal Act and deprived the trial court of jurisdiction over the the debtor, so the trial court was right to set aside a default judgment against the debtor. The debtor was entitled under the Act to attorney fees as the prevailing party. Affirmed.
Court: California Courts Of Appeal, Judge: Weingart, Filed On: June 21, 2023, Case #: B318325, Categories: debt Collection, attorney Fees
J. Tunheim awards $43,283 of the consumer's requested $50,000 in attorney fees following a judgment in her favor in her suit against the creditor and credit reporting company alleging that they continued reporting a debt after a conciliation court judge found that the creditor had failed to show that it owned the subject account. The consumer's attorney's requested rate is unreasonably high, but only by $30, not the $65 difference requested by the creditor. Small adjustments in counsel's requested hours are also made.
Court: USDC Minnesota, Judge: Tunheim, Filed On: June 1, 2023, Case #: 0:22cv86, NOS: Consumer Credit - Other Suits, Categories: debt Collection, Consumer Law, attorney Fees