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Post-Judgment Collection of Unawarded Attorneys’ Fees Violates the Fair Debt Collection Practices Act
Jonathan Dessaules 7/17/18 Jonathan Dessaules 7/17/18

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.

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Ninth Circuit Concludes HOA Attorneys’ Post-Judgment Debt Collection Practices Were Misleading
Jonathan Dessaules 7/1/18 Jonathan Dessaules 7/1/18

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"). 

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