Posts tagged samuels.
In seeming contradiction to a line of recent federal court cases which had held that a debt collector's filing suit to collect a debt without evidence to prove its claim did not, in itself, amount to a violation of the FDCPA, a federal district judge in the Southern District of Alabama recently denied a debt collector's motion for judgment on the pleadings based on similar allegations. The court found that the plaintiff's allegations went beyond the allegations at issue in the other cases by alleging not only that the debt collector had no evidence at the time it filed suit, but that it had no ...
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