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CEB Prac. Guide § 2A.55 -- Defenses -- Collateral Estoppel -- No Defense to Debt

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District Court (Cal.) Permits Assertion of “Set-off” As Affirmative Defense to Rosenthal Act Claim

by Scott J. Hyman |

In Norton v. Lvnv Funding, No. 18-cv-05051-DMR, 2020 U.S. Dist. LEXIS 88809, at *1-2 (N.D. Cal. May 19, 2020), Magistrate Judge Ryu permitted amendment to allow assertion of an affirmative defense of "set-off". Plaintiff Sonya Norton filed this putative class action against Defendants LVNV Funding, LLC ("LVNV") and Law Office of Harris & Zide ("H&Z") alleging violations of the federal… Read More

District Court (Cal.) Allows FDCPA Defendant to Offset Previous State Court Judgment against FDCPA Damages

by Scott J. Hyman |

In Brown v. Mandarich Law Group, LLP, 2014 WL 2860631 (N.D.Cal. 2014), Judge Corley allowed a creditor to offset an FDCPA case against a previously obtained state court judgment on the debt itself. The facts were as follows: On an unknown date, Plaintiff incurred a financial obligation in the form of a consumer credit account with MBNA America N.A. (Dkt.… Read More

Court of Appeal (Utah) Catalogs Cases Finding FDCPA Violation Not a Defense to the Debt

by Scott J. Hyman |

In Midland Funding, LLC v. Pipkin, --- P.3d ----, 2012 WL 2849295 (Utah App.), 2012 UT App 185 (2012), the Court of Appeal catalogued the caselaw holding that an FDCPA violation is not a defense to the underlying debt itself or, conversely, that FDCPA compliance is not a pre-condition to collection on the obligation. Pipkin also argues that the Fair… Read More