Pleadings and Discovery

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.

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.

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.

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.

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.

This session will discuss legal claims and strategies for dealing with long-dormant second mortgages that are suddenly back from the dead. We will discuss bringing claims in bankruptcy court and focus on FDCPA and UDAAP claims both in and out of bankruptcy court.