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Debt Collection

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In Bank of Am., N.A. v. Byrd, No. G056792, 2019 Cal. App. Unpub. LEXIS 7176 (Oct. 28, 2019), Bank of America, N.A. (the Bank) sued Pamela K. Byrd to recover over $32,000 in credit card debt. The trial court found the Bank's last credit card statement to Byrd constituted a final rendering of the account, and Byrd impliedly agreed to pay… Read More

In Cavalry SPV I, LLC v. Watkins, No. D072299, 2019 Cal. App. LEXIS 603, at *12-15 (Ct. App. July 1, 2019), the California Court of Appeal addressed the evidence necessary to prove up a credit card debt in a debt collection action. Assuming without  deciding that California law applies, a party may accept a contract by conduct, as well as… Read More

In Western World Insurance Company v. Professional Collection Consultants, 2018 WL 259309, at *1–2 (9th Cir. 2018), the Court of Appeals for the Ninth Circuit affirmed the District Court's summary judgment in favor of a D&O carrier who rescinded a policy due to the insured Debt Collection Agency's misrepresentation in the policy application. In August 2013, FBI agents executed a… Read More

In Volvo Financial Services, Inc. v. Williamson, 2017 WL 4708136, at *3 (S.D.Miss., 2017), Judge Guirola held that the statute of limitations on a promissory note secured by a number of tractors did not accrue until all of the repossessed collateral was sold, due to a cross-collateralization clause in the note. The most reasonable interpretation of the statute when applied… Read More

In Direct Capital Corporation v. Brooks, 2017 WL 3725649, at *1 (Cal.App. 3 Dist., 2017), the Court of Appeal affirmed the trial court's decision that "a debt incurred by an attorney-spouse for office computer equipment was for the necessaries of life for that particular marriage, in part because that spouse's law practice generated community property income".  The facts were as… Read More

In Rodrigo v. Barclays Bank Delaware, 2017 WL 1155373, at *4–5 (S.D.Cal., 2017), Judge Houston dismissed an FDCPA case grounded in allegedly suing on a stale debt and filing a false proof of service in the underlying action. Construing all inferences in the light most favorable to Plaintiff, the Court finds that the state law collection action brought against Rodrigo… Read More

 In Professional Collection Consultants v. Lauron, 2017 WL 634714 (Cal.App. 6 Dist., 2017), the Court of Appeal found that an Open Book Account claim sounded in contract, and applied the contract's choice of law clause. This appeal arises out of a credit card debt collection action involving two credit cards. Appellant Professional Collection Consultants (PCC), as an assignee of the original… Read More

In Santander Bank, N.A. v. Moody Leasing, 2016 WL 3906808, at *1-2 (W.D.Mo., 2016), Judge Kays entered judgment for an automobile finance company on tow-truck leases, despite the fact that the collateral had not yet been liquidated.  The facts were as follows: On February 14, 2011, Santander,1 a Delaware-based bank, entered into a loan agreement with Moody Leasing. The agreement… Read More

In Grochowski v. Daniel N. Gordon, P.C., 2014 WL 1516586 (W.D.Wash. 2014), Judge Zilly addressed the impact of a “charge-off” on a creditor and debt collector’s right to collect the contractual rate and the state pre-judgment interest rate. Plaintiff contends that, in “charging off” plaintiff's debt, Capital One waived its right to collect interest at the contractual rate and, as… Read More

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