Firm Defends FDCPA Motion for Summary Judgment on Appeal

Partners Robert Klein, Sherryll Dunaj and Mark Sullivan successfully affirmed the second motion for summary judgment in a case against an attorney alleging violations of the Federal Fair Debt Collection Practices Act (“FDCPA”) , 15 USC Sec. 1692(e) (5). The Federal District Court in that matter had granted summary judgment on a prior occasion in favor of the Defendant attorney. The U.S. Court of Appeals for the 11th Circuit had reversed the summary judgment, based upon the belief that there were genuine issues of material fact as to whether or not the Defendant had intended to take the legal action which he threatened in various Writs of Execution. Upon remand, the Firm was able to demonstrate that its client had actively attempted to execute on the Writs, but was unable to levy or seize any of the Plaintiff’s assets due to her recalcitrance during the discovery process. For that reason, the 11th Circuit determined that its prior ruling was not the “law of the case,” and that summary judgment had been properly entered in favor of the Defendant when the case was remanded following the first appeal.


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