Blog Posts in May, 2012

The lesson in Hemmingsen v. Messerli & Kramer, P.A. [1] is that collection lawyers are afforded leeway to bring cases, make allegations – and lose – without violating the FDCPA. A blanket rule ...

As we reported in Making Statutes of Limitations Work for You, Portfolio Recovery Assoc. v. King, a 2010 New York Court of Appeals decision, sent ripples through the debt collection industry because ...

We have written a fair amount here about the problem of robo-signed affidavits in debt collection cases (see, for instance, Judge Dismisses American Express Complaint After Finding Robo-Testimony ; ...

This blog entry, and the case [1] it is premised upon, is important because it demonstrates that even a solid FDCPA case may fall short of satisfying all elements of concomitant state law theories. ...

Finally a judge scrutinizes and decries the blatant defects of a debt buyer's lawsuit wherein it attempted to enforce a judgment without proving that it had been validly assigned, and without proving ...

In this case, captioned American Express Bank v. Tancreto [1], American Express Bank, F.S.B. brought causes of action for breach of contract and account stated to collect on a credit card issued to ...