A federal judge rule against Messerli and Kramer, P.A. in a recent Fair Debt Collection Practices Act case.  A plaintiff had brought a lawsuit against Messerli and Kramer, P.A. for their unlawful colleciton efforts.  Messerli and Kramer, P.A. responded to the lawsuit by filing a motion to dismiss. The judge granted their motion in part and denied it in part.

 

The judge found that Messerli and Kramer, P.A. violated 15 U.S.C. 1692g of the Fair Debt Collection Practices Act.  Messerli and Kramer, P.A. had sent three letters to Plaintiff within a thirty day period.  The first letter included a validation notice as required by the Fair Debt Collection Practices Act.  The second letter requested that Plaintiff contact Messerli and Kramer, P.A. in order to resolve the matter.  However, the third letter stated that Messerli and Kramer, P.A. had given Plaintiff "an opportunity to resolve this matter."  It went on to provide: "you must call our office . . . immediately if you want to resolve this matter voluntarily."  The judge found that the third letter suggested that Plaintiff was out of time and no longer had the option to dispute his debt, even though only twenty-two days had passed since the validation notice was sent to Plaintiff.  Thus, Messerli and Kramer, P.A. had overshadowed Plaintiff's right to dispute the debt.

 

The judge also found that Plaintiff had stated a claim against Messerli and Kramer, P.A. because Messerli and Kramer, P.A. proceeded with an administrative default judgment against Plaintiff within twenty-five days of serving him with a Notice of Intent to Garnish/Levy Earnings in violation of Minnesota State law.

 

If you have been receiving collection letters from Messerli and Kramer, P.A. do not throw away the letters and contact Patrick L. Hayes at 612-821-4817.

Comments (143)

Definitely believe that that you said. Your favorite justification appeared to bbe on the web the easiest factor to be aware of. I say to you, I definitely get irked at the same time as other people consider concerns that they plainly don't recognize about. You controlled to hit the nwil upon the highest and also defined out the whole thing with no need side effect , other folks could take a signal. Will probably be again to get more. Thanks
Giorgio Armani would be capable to add this Purchase, dupes, login or, register your Vanity la mer body cream Wishlist!
You will get issues here that were custom made for you, and that's onerous to come back by lately!
Great work! That is the type of info that are meant to be shared around the web. Shame on the search engines for not positioning this post higher! Come on over and visit my web site . Thanks =)
Hello to every body, it's my first visit of this blog; this web site consists of amazing and actually fine materiawl in support of readers.

Add New Comment

*
Captcha text