47 results for 'cat:"Debt Collection" AND cat:"Contract"'.
J. Ahlers finds that a creditor's lawsuit against the daughter's power of attorney was properly dismissed in claims alleging non-payment of nursing home bills because she did not become personally liable for the debt simply by being her mother's agent and no longer held power of attorney at the time the suit was filed. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: May 8, 2024, Case #: 23-0459, Categories: Civil Procedure, debt Collection, contract
J. Gladwin finds the circuit court improperly denied the assignee of the vehicle purchase contract's motion to compel arbitration. The purchaser defaulted on payment and the assignee repossessed the vehicle. The purchaser sought class certification for deceptive trade practices claims arising from the assignee's requiring her to pay repossession report fees to law enforcement agencies. The arbitration agreement is valid and enforceable under the Automotive Dealer's Anti-Coercion Act, satisfying the mutuality-of-obligations element of a binding contract. The assignee did not waive its right to demand arbitration in the purported class action by filing a separate action for a deficiency judgment. Reversed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: April 24, 2024, Case #: CV-22-756, Categories: Arbitration, debt Collection, contract
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J. Harrison finds the circuit court improperly dismissed the hunting lease caretaking service's complaint seeking nearly $8,000 in payment for an unpaid invoice. The caretaker terminated a verbal contract with a hunter after performing extra services that were added to the ongoing invoice, asking for payment in full. The circuit court entered an order finding that, in the absence of a written contract, the statute of limitations applies. Though the hunter offers several definitions for the agreement, which would govern the accrual date, this determination, as well as the question of timeliness, is for a jury to decide. Reversed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: April 10, 2024, Case #: CV-22-528, Categories: debt Collection, Environment, contract
J. Landau finds the lower court properly issued a take-nothing judgment in this matter of alleged tortious interference. Evidence is sufficient to support the jury’s finding that a third-party factoring company did not engage in business disparagement or tortious interference with existing contracts when it contacted a freight brokerage company’s primary client seeking assistance in collecting payment from the freight brokerage. Affirmed
Court: Texas Courts of Appeals, Judge: Landau, Filed On: April 9, 2024, Case #: 01-22-00623-CV, Categories: debt Collection, Tort, Interference With contract
J. Hoyle finds the trial court improperly dismissed the property owners' suit. The association placed a lien on property after an owner failed to make maintenance fee payments. The court found in his favor, declaring deed restrictions had expired. Other owners intervened, saying they are similarly situated. The trial court declined jurisdiction, saying it had made a final judgment. However, the judgment states that “this is a partial summary judgment... [which] does not address any other issue,” which does not render it a final judgment. Reversed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: April 3, 2024, Case #: 12-23-00215-CV, Categories: debt Collection, Property, contract
J. Xinis grants, in part, a credit union, a law firm and its attorney’s motion for summary judgment in this contract dispute claiming the claims are barred by res judicata because this case was fairly litigated in state court. The borrower alleged the attorney had acted as an unlicensed debt collector for the credit union during the state litigation when the state and judge were dismissed from all claims. The borrower’s contract claims are the same as they were in state court, the attorney is not a state actor because he represented the credit union, and no plausible interference can be found. All claims but the breach of contract one are dismissed. The borrower’s motion to strike answer and his motion to reconsider dismissal of the judge and state are denied, but she has 21 days to amend the complaint.
Court: USDC Maryland, Judge: Xinis, Filed On: March 22, 2024, Case #: 8:23cv1667, NOS: Other Civil Rights - Civil Rights, Categories: debt Collection, Banking / Lending, contract
J. Whitney partially grants an insurance company’s motion for default judgment against a contractor who filed for bankruptcy and has failed to pay on the balance of a bond for $6.9 million. The contractor has paid over $867,000 into a net estate fund, which will be disbursed to the company. However, future payments toward the balance will not be distributed until the entirety is paid off.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: March 21, 2024, Case #: 3:22cv50, NOS: Other Contract - Contract, Categories: Bankruptcy, debt Collection, contract
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. Harrison finds the circuit court properly entered judgment in favor of the sellers of the country market. The sellers entered into an agreement to sell the market to the daughter of the original owners. The agreement included that the daughter would assume all debts upon purchase. The daughter closed the store after purchasing it and refused to pay the debts, leaving vendors to seek payment from the sellers. Though the daughter argued the jury’s damages award was based on a list of unpaid debts, requiring the jury to speculate, the amounts were certain and not based on speculation. The jury is allowed to assess witness credibility and substantial evidence supports the award of damages. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: March 6, 2024, Case #: CV-23-248, Categories: debt Collection, Property, contract
J. Oing improperly denied the lender's motion for summary judgment in a dispute over a purported $44 million scrivener's error in a guaranty that exposed an indemnitor to personal liability for a loan. The indemnitor's claim for reformation of a contract based on a scrivener's error is governed by the six-year statute of limitation, and is now time-barred. Reversed.
Court: New York Appellate Divisions, Judge: Oing, Filed On: March 5, 2024, Case #: 01161, Categories: debt Collection, Banking / Lending, contract
J. Smith finds that the lower court properly ruled in favor of the bank in this lawsuit "to collect a credit card debt." The appellant relies on "God's law" to challenge the judgment, citing Deuteronomy 15, but the lower court "properly applied Texas law to the breach of contract claim." Also, the evidence sufficiently supports the damages. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: February 28, 2024, Case #: 05-22-00834-CV, Categories: debt Collection, Banking / Lending, contract
J. Hoyle finds the county court properly entered a default judgment in favor of a memorial company, which sued a funeral home for $33,000 owed on a consignment agreement for monuments. After proper service was made, no representative for the funeral home answered or appeared, and the funeral home director showed no evidence service was not perfected. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: February 7, 2024, Case #: 12-23-00202-CV, Categories: debt Collection, Evidence, contract
J. Nivison grants a business founder’s motion for attachment and trustee process against purchasers of its business assets, who failed to pay the total purchase price of those assets. The purchaser received some files from the founder late, but only by a few days, and suggests some were still missing months later but fails to identify what was missing and how what was missing mattered.
Court: USDC Maine, Judge: Nivison, Filed On: January 3, 2024, Case #: 1:23cv315, NOS: Other Contract - Contract, Categories: debt Collection, contract
J. Keough finds the trial court was not required to dismiss the university's collection action against the graduate student for the school's failure to join the finance company who disbursed federal loans to the student. The action could be resolved in its entirety without the finance company, which was not an indispensable party. However, the unjust enrichment claim should have been dismissed by the lower court because the relationship between university and student is contractual in nature, which rendered the unjust enrichment claim duplicative. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: December 21, 2023, Case #: 2023-Ohio-4650, Categories: debt Collection, Education, contract
J. Bishop finds the county court properly sustained the corporation’s motion for discharge of a revived default judgment on a debt. The default judgment term, "compounded annually,” has conflicting interpretations. The first definition supports the corporation's interpretation and, while the second definition supports the lender's, it requires the court to ignore specified per day rates, which must be calculated annually. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: November 28, 2023, Case #: A-22-939, Categories: debt Collection, contract
J. Lanza grants a debt collector's motion to enforce a settlement agreement against a borrower. The debt collector sufficiently showed in court that the borrower, who smashed the vehicle with a fire extinguisher, fell behind on payments on a Cadillac CTS, which resulted in repossession of the vehicle.
Court: USDC Arizona, Judge: Lanza, Filed On: November 27, 2023, Case #: 2:23cv311, NOS: Consumer Credit - Other Suits, Categories: debt Collection, Damages, contract
J. Pepper finds in favor of U.S. Bank and the attorneys and other individuals sued by the church and church members claiming they had funds in a U.S. Bank account fraudulently frozen or garnished, in part violating federal debt collection law. U.S. Bank and one individual named in the church's complaint are dismissed from the action, as the complaint does not allege specific federal claims against them and the court does not have personal jurisdiction over them. In part because the complaint's allegations against the attorneys and other individuals are too vague and the complaint incorrectly lists violations of multiple criminal statutes, the church is given until December 29, 2023, to file a document showing cause why the remainder of the parties and allegations in the suit should not be dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: November 27, 2023, Case #: 2:23cv1120, NOS: Other Civil Rights - Civil Rights, Categories: debt Collection, contract
J. Molberg finds that the lower court properly entered judgment for the computer forensics expert in this dispute over "an unpaid balance." The evidence sufficiently shows that the expert was engaged on the appellant's behalf in connection with a family law case, and the appellant "accepted the benefits" of the expert's testimony. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: November 21, 2023, Case #: 05-22-00780-CV, Categories: debt Collection, Experts, contract
J. Worthen finds the trial court properly confirmed the arbitration award in favor of the medical center in this suit brought by the law firm contracted to collect on unpaid patient accounts. The medical center sold its assets, including the collection contracts, which were not assumed by the purchaser. The purchaser owned the account database and denied the law firm access. The parties agreed to arbitration and the law firm was granted a fee upon account collection, but not upon their sale. The award accorded with the arbitration agreement and the law firm fails to establish that the arbitrator exceeded his powers. There are no grounds for vacatur. The law firm offers no evidence of data falsification. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: November 8, 2023, Case #: 12-22-00124-CV, Categories: Arbitration, debt Collection, contract
J. Golemon finds the trial court improperly entered summary judgment in favor of the debtor in this suit brought by the factoring company that purchased the debt which was then paid directly to the company from which the debt was purchased. The debtor was not entitled to judgment as a matter of law on its claim that the factoring company should be quasi-estopped from pursuing its claims. The factoring company was entitled to judgment as a matter of law on its claim that the debtor was required to make payments to it because the debtor did not make payments. Reversed and rendered in part. Reversed and remanded in part.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: October 12, 2023, Case #: 09-22-00376-CV, Categories: debt Collection, Due Process, contract