Judge Rules Against Messerli and Kramer, P.A. in FDCPA Case
Posted in Blog Entries on November 18, 2011 by Administrator
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.
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