Case Conclusion Date: 05.26.2010
Practice Area: Bankruptcy & Debt
Outcome: Plaintiff accepted Offer of Judgment
Description: CASE SUMMARY: The plaintiff consumer was targeted for collection activity on the credit card debt of another person with a similar name. She notified the debt collector that she was the wrong person. The debt collector sued her over the debt anyway. Thereafter, the Law Office of Suzanne Begnoche filed suit against the debt collector and its law firm under the Fair Debt Collection Practices Act (FDCPA) on the plaintiff's behalf. The lawsuit alleged that the defendants had knowingly sued the plaintiff for a debt that was not hers and that was time-barred by the statute of limitations. The plaintiff asked for damages for emotional distress and attorney's fees accumulated in fighting the defendant's debt collection lawsuit. The defendants, who were also represented by attorneys, contested both liability and damages, and filed a motion to dismiss the case. In the motion, the defendants argued that the plaintiff had no right to bring a suit under the FDCPA and could not have been injured by their actions because she had known she was not the debtor on the account. The court ruled against the defendants on their motion to dismiss. Subsequently, the defendants made an offer of judgment in favor of the plaintiff, which she accepted. The defendants paid the judgment immediately. DISCLAIMER: The attorney does not make any guarantees of results or outcomes in any particular case. Each case is different and requires investigation and analysis by an experienced legal professional. Past results do not guarantee future success.