Debt Collection

Without establishing the accrual date of claims for payment of old credit card debt, defendant could not prove the limitations period had expired and so was not entitled to summary judgment.  Read More

Enforcement of a security interest is not collection of a debt under the Fair Debt Collection Practices Act, so a deed of trust trustee does not act as a debt collector, subject to that Act, in taking steps to nonjudicially foreclose the deed of trust.  Read More

Even though it did not expressly so state, given the parties’ prior settlement negotiations, a collection attorney's voicemail message to debtor sufficiently disclosed even to the least sophisticated debtor that the message was from a debt collector.  Read More

The federal Fair Debt Collection Practices Act’s five-day debt validation notice requirement applies not only to the first debt collector attempting to collect a given debt, but also to each later debt collector attempting to collect that same debt.  Read More

Federal Debt Collection Practices Act’s one-year statute of limitations began to run when debtor discovered (or reasonably should have discovered) that a collections suit was filed against her—not when the suit was actually filed.  Read More