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Tag: Fair Debt Collections Practices Act

Bad Faith

Bad faith motion for attorney fees denied in Lauer v. Credit Control Services

In a recent decision, a Utah federal district judge denied a defendant’s bad faith motion for attorney fees arising out of claims brought by the plaintiff.  In Lauer v. Credit Control Services, the court was asked to determine whether the plaintiff filed his claims in bad faith, as well as whether defendant was entitled to attorney fees under either 15 U.S.C. § 1692k(a)(3) or 28 U.S.C. § 1927.  Ultimately, the court ruled that “[b]ecause the entirety of [plaintiff’s] action was […]

writ of garnishment

When filing a writ of garnishment, make sure you have the right debtor

A routine part of debt collection often involves an attorney filing a writ of garnishment with a court seeking to have a debtor’s wages withheld to pay an outstanding debt.  However, if the attorney does not perform his or her due diligence in determining the true identity of the debtor, then the attorney may face a lawsuit. Writ of Garnishment Wrongly Lists Plaintiff as Debtor A Utah District Judge recently granted a plaintiff’s motion for partial summary judgment arising out […]