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Document Requests in Case Against Bank for Handling of Fraudulent EFT

hese document requests (the names have redacted to protect identities) were submitted in a case filed in the Federal District Court of Minnesota by Peter F.

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Class Action Complaint (Bodnar v. Bank of America, No. 2:14-cv-03224)

Class action complaint regarding debits and overdraft fees. Filed June 6, 2014.

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Motion for Summary Disposition in Land Contract Eviction

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Answer and Affirmative Defenses in Land Contract Eviction

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Sample Demand Letter for Unauthorized Transfer Under the EFTA

This letter is a formal demand for damages due to violations of the Electronic Fund Transfer Act, 15 U.S.C. § 1693, et seq., and various North Carolina laws, including, but not limited to, common law negligence and violations of the Unfair and Deceptive Trade Practices statute (“UDAP”), N.C.G.S. § 75-1.1, et seq.

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Gaskell v. Kinum, Inc.

This is a federal court complaint and various attachments filed by David Philipps and other attorneys of Philipps and Philipps of Palos Hills and John Steinkamp of Indianapolis, Indiana, on October 13, 2023,  in the Southern District of Indiana alleging FDCPA violations involving demanding a debt not owed (1692e), failure to cease communications and collections (1692c(c)), communicating with a consumer represented by counsel (1692c(a)(2)), and harassment or abuse (692d(2). The complaint also addresses federal court standing.

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Ebaugh v. Medicredit Inc.

This is a federal court complaint and various attachments filed by David Philipps and other attorneys of Philipps and Philipps of Palos Hills on August 31, 2023,  in the Eastern District of Missouri alleging FDCPA violations involving failure to cease communications and collections (1692c(c)), and communicating with a consumer represented by counsel (1692c(a)(2)). The complaint also addresses federal court standing.

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Colburn v. Collection Professionals

This is a federal court complaint and various attachments filed by David Philipps or Palos Hills, Illinois, and Bradform Botes of Birmingham, Alabama on September 22, 2023,  in the Eastern District of Missouri alleging FDCPA violations involving failure to report that a debt is disputed (1692e(8)), and unfair or unconscionable collection actions (1692f).  The complaint also addresses federal court standing.

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Gilman v. TRS Recovery Services, Inc.

This is a federal court complaint  filed by David Philipps and other attorneys of Philipps and Philipps of Palos Hills on August 9, 2023,  in the Northern  District of Illinois alleging FDCPA violations involving  failure to cease collections of a dispute debt without providing validation (1692g(b)), failure to cease communications and collections (1692c(c)), false, misleading and deceptive statements (1692e),, and harassing or abusive practices (1692d). The complaint also addresses federal court standing.

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Bass v. Rome Holdings L.L.C. (N.D. Ala. March 4, 2015) (Complaint)

This is an FDCPA second amended complaint filed by M. Stan Herring of Watts and Herring in Birmingham, Alabama, alleging FDCPA violations under 15 USC ss. 1692c(a)(1), 1692e, 1692e(2), 1692e(4), 1692e(5), 1692e(10), 1692e(11), 1692f , 1692f(1), based on abusive phone calls and threats made before 8:00 AM, false threats of garnishment without a court judgment, and engaging in numerous other misrepresentations. The complaint alleges the defendant's liability under respondeat superior and alter ego.

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Bass v. Rome Holdings L.L.C. (N.D. Ala. March 4, 2015) (Verdict)

This is an FDCPA case filed by M. Stan Herring of Watts and Herring in Birmingham, Alabama, alleging FDCPA violations under 15 USC 1692c(a)(1), 1692e, 1692e(2), 1692e(4), 1692e(5), 1692e(10), 1692e(11), 1692f , 1692f(1), based on abusive phone calls and threats made before 8:00 AM, false threats of garnishment without a court judgment, and engaging in numerous other misrepresentations. The complaint alleges the defendant's liability under respondeat superior and alter ego.  The verdict is for $1000 statutory damages and $210,000 compensatory damages.

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Complaint in Mobile Home Case (MI)

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Sample Complaint Against Dealer and Manufacturer of Defective Mobile Home (IL)

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Sample Complaint Against Dealer and Financer for Improper Setup of Mobile Home (VA)

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Complaint re Predatory Lending

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Memorandum Asking Court to Stay Case Pending Arbitration and Not Dismiss Case But Retain Jurisdiction

This memorandum by Florida attorney Robert Murphy filed in the federal district court for the Eastern District of Virginia requests that the case not be dismissed because of an arbitration requirement, but rather that the case be stayed pending arbitration by the American Arbitration Association, and that the court retain jurisdiction. The attorney was concerned that the defendant would not participate in the arbitration or that for other reasons the AAA would dismiss the case based on the defendant's conduct. In that case, the consumer seeks to be able to return to court to

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Attorney Declaration Concerning AAA Refusal to Allow Arbitration Based on Party's Conduct

This is a declaration by Florida attorney Robert Murphy filed in the federal district court for the Eastern District of Virginia concerning various grounds he has witnessed the American Arbitration Association use to refuse to arbitrate a case based on a business's conduct: failing to pay filing fees, failing to register the arbitration agreement, using an arbitration agreement that does not meet the AAA's due process protocols, and the business's conduct in past AAA arbitrations.

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Proposed Order to Stay Case Pending Arbitration and Not Dismiss, And to Require Parties to Participate in Arbitration

This proposed order by Florida attorney Robert Murphy filed in 2023 in the federal district court for the Eastern District of Virginia requests that the case be stayed pending arbitration by the American Arbitration Association, that the court retain jurisdiction in the case, and that the parties be required to participate in the arbitration. The attorney was concerned that the defendant would not participate in the arbitration or that for other reasons the AAA would dismiss the case based on the defendant's conduct.