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.
Thanks for sharing your thoughts about Debt Collection Letters. Regards
I enjoy you because of all your valuable efforts on this site. Kate loves participating in internet research and it's easy to understand why. My partner and i learn all relating to the lively method you present effective solutions on this website and as well encourage response from website visitors on this concern then our princess is without question discovering a whole lot. Take pleasure in the remaining portion of the new year. You have been performing a superb job.
Its like you read my mind! You appear to know a lot about this, like you wrote the book in it or something. I think that you can do with a few pics to drive the message home a little bit, but other than that, this is fantastic blog. An excellent read. I will definitely be back.
Howdy just wanted to give you a quick heads up. The words in your post seem to be running off the screen in Firefox. I'm not sure if this is a format issue or something to do with browser compatibility but I figured I'd post to let you know. The design and style look great though! Hope you get the issue solved soon. Cheers
Woah! I'm really loving the template/theme of this website. It's simple, yet effective. A lot of times it's difficult to get that "perfect balance" between user friendliness and visual appearance. I must say you've done a awesome job with this. In addition, the blog loads very quick for me on Safari. Excellent Blog!
Rolbiecki Orders An order to discover documented contracts pertaining to credit card debt collection.
Phil Doroff Fees Order An order for reimbursement of attorney fees and costs.
Doroff Order Dismissing Complaint Order to Dismiss Credit Debit Collection.