Mike Sullivan obtained Summary Disposition from the Jackson County Circuit Court on behalf of his lawyer client sued for violation of the Fair Debt Collection Practices Act. Mike was successful in arguing that the FDCPA claim was untimely under 11 U.S.C. § 108 (a)(2), and, because the lawyer client had no duty to investigate the manner in which collateral was sold by the creditor prior to filing a lawsuit for the deficiency. Instead, the court held that the defendants did indeed make a reasonable inquiry that the claims they asserted against the debtor were warranted by law, and that nothing more was required by the FDCPA.
03/01/2010
