Post-Judgment Collection of Unawarded Attorneys’ Fees Violates the Fair Debt Collection Practices Act
Arizona Judgment Collection
The United States District Court for the District of Arizona has ruled in a case brought under the Fair Debt Collection Practices Act (“FDCPA”) that a law firm that submits a demand for payment of unawarded post-judgment attorneys’ fees in a judgment-debtor’s refinance violates the FDCPA.
Ninth Circuit Concludes HOA Attorneys’ Post-Judgment Debt Collection Practices Were Misleading
The Ninth Circuit Court of Appeals in McNair v. Maxwell & Morgan, P.C., recently held that a law firm that files a judicial foreclosure action to collect unpaid homeowner association assessments is acting as a "debt collector" and engaging in "debt collection" activities subject to the Fair Debt Collection Practices Act ("FDCPA").