9 results for 'cat:"Debt Collection" AND cat:"Due Process"'.
J. Bell finds the district court improperly granted the motion to dismiss filed by a veterinary supply company that was sued by a medical lab for money owed on delivered products. The supply company owner died during litigation and counsel filed a notice of her death but failed to serve any nonparty successors. The 180-day statutory deadline for substitution, therefore, never started. Counsel also failed to identify and substitute the party, and the district court granted the supply company's motion to dismiss. The court erroneously determined counsel did not need to serve nonparty successors and dismissed the case because no proper motion for substitution had been filed by the deadline. Reversed.
Court: Nevada Supreme Court, Judge: Bell , Filed On: August 22, 2024, Case #: 85946, Categories: debt Collection, due Process
J. Soto finds a lower court erred in granting a bank’s motion to revive dormant judgment after it won in a collections case against a consumer in 2010. As the consumer correctly points out, a “dormant judgment debtor” such as himself is “entitled to actual notice” when a party seeks to revive a judgment — and since the bank did not obtain a writ of scire facias requiring him to appear and giving him an opportunity to dispute the revival, the lower court was wrong to grant the motion. Reversed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: July 29, 2024, Case #: 08-23-00310-CV, Categories: Civil Procedure, debt Collection, due Process
J. Murphy finds that the circuit court properly denied the son's claim against his father's estate. The son filed a claim against the estate for $733,122 for debts allegedly incurred by businesses the father established in the son's name when he was a minor, with no ownership responsibilities. The estate administrator denied the claim because the son submitted it in his individual capacity. The son's attorney stated that he received no notice that the court would consider the disallowance of claim, though he never asked for clarification regarding the matters to be considered. It is not clearly erroneous for the court to find that the son was not misled regarding the subject of the hearing. There was substantial compliance with the Probate Code and the son received sufficient notice. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: May 29, 2024, Case #: CV-21-422, Categories: debt Collection, Wills / Probate, due Process
J. Virden finds the county court improperly denied the estate’s petition for a writ to revive a deficiency judgment obtained during foreclosure proceedings against debtors to the estate. The 10-year period for revival did not begin to run from the date of the initial foreclosure decree, but from that of the deficiency judgment. The decree did not dismiss the parties from the case or put the judgment into execution. Reversed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: May 8, 2024, Case #: CV-23-200, Categories: debt Collection, due Process, Banking / Lending
J. Silva denies a pro se individual’s petition for writ of mandamus in connection with two of his prior pleadings regarding the trial court judge, court employees, debt collectors, and service of process. The appeal will remain pending, but the individual has not met the burden to obtain this relief.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: January 19, 2024, Case #: 13-23-00598-CV, Categories: debt Collection, due Process
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Goldstein finds that the lower court properly ruled in favor of the bank in this debt collection case. The customer contends that his due process rights were violated when he was given the wrong information about the trial setting by someone in the "administrative office," specifically when he was told that the trial was no longer scheduled for a certain date. However, he failed to preserve the issue for appellate review by raising it in the trial court. Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: November 28, 2023, Case #: 05-22-00883-CV, Categories: Civil Procedure, debt Collection, due Process
J. Jenkins vacates the trial court's judgment annulling the default judgment to the lumber supplier and awarding a judgment in favor of the builder. In this case, the supplier's due process rights related to notice of trial were violated because there is nothing in the record showing that notice of the trial date was issued directly to it. The notice was only provided to its former counsel who was ineligible to practice law. Vacated.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: November 28, 2023, Case #: 2023-CA-0186, Categories: Civil Procedure, debt Collection, due Process
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
J. Walker finds that the lower court properly dismissed the debtor's due process claims stemming from the lender's service of process in its attempt to collect on a debt. The debtor participated in this litigation for years without raising any objections to jurisdiction, indicating he waived his objections.
Court: Illinois Appellate Court, Judge: Walker, Filed On: September 29, 2023, Case #: 220067, Categories: debt Collection, due Process