Archives for December 2014

St. Louis debt collections

Two recent court cases add fuel to the St. Louis debt collections industry.  Debt collections is covered under the FDCPA (Fair Debt Collection Practices Act).  In McIvor v. Credit Control Services, the United District Court in Missouri ruled in favor of the creditor because the Plaintiff failed to allege enough facts in the petition to show the creditor’s communications were false, deceptive or misleading nor was the communication in connection with the collection of the debt.

In Portfolio Recovery Associates v. Schultz the Missouri Court of Appeal ruled in favor of the creditor and sent sent the case back to the trial court because the Judge did not allow at trial a business record affidavit with 30 pages of records attached. The trial court held the creditor failed to show a valid assignment of the count.  The trial court further determined the creditor violated the law and its actions constituted a misleading representation in connection with the collection of a debt in violation of 15 U.S.C. § 1692e of the FDCPA.  … Read More >