54 results for 'cat:"Civil Procedure" AND cat:"Debt Collection"'.
J. Quinn finds that the lower court improperly placed certain "affiliates" of the alleged debtor into receivership. The application for the appointment of a receiver did not mention "any of the 55 affiliates or seek a receivership over any of them." Further, the affiliates were not the "property and business" of the alleged debtor, and the scope of the appointment should have been limited. Reversed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: April 15, 2024, Case #: 07-23-00398-CV, Categories: civil Procedure, debt Collection, Banking / Lending
J. Mazzant grants partial summary judgment to the couple on their Fair Debt Collection Practices Act and unreasonable collection efforts claims against a debt collector that harassed them over money allegedly owed to a remodeling contractor. The couple gave sufficient evidence to establish the collector's liability as to the claims, though the issue of damages will be determined at trial or a subsequent hearing.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: April 8, 2024, Case #: 4:22cv143, NOS: Other Contract - Contract, Categories: civil Procedure, debt Collection
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J. Ledet finds that the trial court should not have denied a condominium association's motion to reallot this case to Division L. In this case, a previous collection suit regarding the same parties and the instant suit are "related" since both suits involve issues regarding the costs associated
with roofing and waterproofing the owner's property, which led to the alleged failure to pay the assessments in this case. The other collection suit was already allotted to Division L. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: April 2, 2024, Case #: 2024-C-0134, Categories: civil Procedure, debt Collection, Property
J. Connors finds that the lower court improperly entered judgment for the customer in this suit to collect an alleged credit card debt. The bank did not receive sufficient notice of the hearing, as the notices that went out "indicated that mediation and a debt collection hearing would occur simultaneously." Additionally, the bank was denied the chance to participate in "the ordered mediation." Accordingly, the court concludes that the bank's due process rights were violated. Vacated.
Court: Maine Supreme Court, Judge: Connors, Filed On: March 12, 2024, Case #: 2024ME19, Categories: civil Procedure, debt Collection, Banking / Lending
J. Love vacates the trial court's confirmation of a default judgment against the alleged personal guarantor of a debtor under a lease finance agreement. In this case, the creditor did not attach the personal guarantee. However, the creditor complied with the certification requirements and attached the necessary documentation to establish the debtor's amount owed. Vacated in part.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: March 6, 2024, Case #: 2023-CA-0658, Categories: civil Procedure, debt Collection
J. Easterbrook properly dismissed the debtor's Fair Debt Collection Practices Act suit against a collector for attempting to collect a $5,200 debt without announcing the bank had not verified the balance. The debtor claimed her injury was that the collection calls "interrupted my self-employment" to search her records for the asserted debt. While the interruption of self-employment may qualify as an injury-in-fact to establish standing, the debtor failed to produce any evidence about her self-employment income to support her claim. Affirmed.
Court: 7th Circuit, Judge: Easterbrook, Filed On: February 29, 2024, Case #: 23-1308, Categories: civil Procedure, debt Collection
J. Vilardo declines to stay claims contending debt collectors used threats and misrepresentations to coerce payments from consumers. The U.S. Supreme Court is expected to rule on the agency's funding structure this summer, but the agency has an interest in enforcing consumer protection laws, and performing discovery prior to the court ruling would not be unduly burdensome.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: February 26, 2024, Case #: 1:22cv29, NOS: Other Statutory Actions - Other Suits, Categories: civil Procedure, debt Collection, Discovery
J. Oliver grants a lender dismissal because the borrower's prior suit, which contains nearly identical allegations and relates to the same mortgage loan, remains pending before the court.
Court: USDC Connecticut, Judge: Oliver, Filed On: December 7, 2023, Case #: 3:21cv609, NOS: Consumer Credit - Other Suits, Categories: civil Procedure, debt Collection, Consumer Law
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. 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. Papillion denies a request by a medical billing and collections company to set aside an order requiring it to produce records related to the payment of at least $355,000 for the medical treatment of a Dollar General customer who has filed a slip and fall action. Healthcare providers who treat persons seeking damages in personal injury cases are frequently called upon to participate in the discovery process, and the order is not unduly burdensome.
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: November 9, 2023, Case #: 2:22cv2179, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Procedure, debt Collection, Health Care