Always resolve the state collection actions before bringing FDCPA actions

If a collector can raise the preclusionary "Rooker-Feldman Doctrine" it will. This doctrine essentially disallows "state-court losers" from attacking state-court judgments in federal court. Therefore, if you believe a default judgment was obtained against you unfairly, illegally, or surreptitiously, make sure you properly vacate the judgment before proceeding to federal court. Otherwise, you will run into this defense. I even see defendants raise this doctrine after the judgment had been vacated, which, in my opinion, is illogical and without merit. Also, make sure that you clearly plead separate and discrete collection acts of misconduct, in addition to challenging the existence of the debt and the judgment that was based thereupon.

Call us immediately at 646-290-5600 if you have been sued by Mel Harris, P.C., Malen & Associates, P.C.; Cohen & Slamowitz; Pressler & Pressler, LLP; Mullooley, Jeffrey, Rooney & Flynn, LLP or Walpoff & Abramson, LLP.
Categories: Debt Defense
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