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  • 3 Jun

    Debt Collector’s Proof of Claim Raises FDCPA Liability

    June 3rd, 2016

    The 11th Circuit Court of Appeals recently held that a debt collector who files a proof of claim in a bankruptcy proceeding violates the Fair Debt Collection Practices Act (“FDCPA”) when the claim is for a time barred debt.  The case is  Johnson v. Midland Funding.When filing bankruptcy, the bankruptcy code permits a creditor who wants to have a claim for repayment from the debtor to file what is called a proof of claim.  This is an assertion that the debtor owes the creditor money.  However, an issue arises when the creditor is ...

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  • 17 Mar

    $8,000 Portfolio Recovery Lawsuit Gets Dismissed

    March 17th, 2016

    It’s always nice to get my client a better results than they expect.  Today,  I had my most recent victory against Portfolio Recovery Associates.  Portfolio Recovery Associates sued my client seeking more than $8,000 as a result of an alleged credit card debt.    After receiving the debt lawsuit, the client hired The Law Office of Shaya Markovic, P.A. to defend his credit card lawsuit. During the initial consultation, the client said that in order to make the case go away he was willing to make a payment of a few thousand dollars. Our office ...

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