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OFFER OF JUDGMENT HALTS FDCPA LAWSUIT - Consumer Rights Article

Orlando Consumer Rights Lawyer - providing affordable legal services concerning Debt Collection Harassment, Debt Collection Defense, Bankruptcy, Student Loan Dispute, Auto Fraud, and other Consumer Law legal services, for residents of Orlando, Kissimmee, and throughout Central Florida.

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Federal Rule of Civil Procedure 68 provides that, at least fourteen days before trial, a defending party may serve a plaintiff with an offer to allow a judgment on specified terms. Several recent district court opinions have rules that an offer of judgment providing the plaintiff with the maximum allowable relief will moot the plaintiff’s FDCPA claim. Moten v. Broward Cnty., No. 10-62398-CIV, 2012 U.S. Dist. LEXIS 19332, 2012 WL 526790, at 2 (S.D. Fla. Feb. 16, 2012); see also Mackenzie v. Kindred Hosp. E., LLC, 276 F. Supp. 2d 1211, 1218-19 (M.D. Fla. 2003) (dismissing FLSA claim as moot after plaintiff rejected Rule 68 offer where offer exceeded amount plaintiff could have received at trial). 

In Young v. AmeriFinancial Solutions, LLC, 2012 U.S. Dist. LEXIS 125661 (S.D. Fla. Sept. 5,2012), plaintiff filed an action against defendant under the Fair Debt Collection Practices Act which provides that damages in an action brought by an individual shall not exceed $1,000.00. Defendant served an Offer of Judgment proposing to have judgment entered in the about of $1,001, plus attorney's fees incurred prior to the date of the offer. Defendant then moved the trial court to dismiss the action for lack of subject matter jurisdiction contending that the action is moot because the Offer would grant Plaintiff more than the full amount of relief that Plaintiff could obtain under the FDCPA. The Court granted the defendant’s motion to dismiss for lack of subject matter jurisdiction because the offer of judgment would provide plaintiff with the maximum allowable relief on her claims. Therefore, the court concluded, that the action was moot and the Court would no longer have subject matter jurisdiction over the suit.

 

Contact Consumer Rights Lawyer, N. James Turner at The Debt Relief Law Center by Calling Toll Free 1.888.877.5103 to Schedule a Confidential and FREE Legal Consultation.

Orlando Consumer Rights Lawyer, N. James Turner proudly serves the Debt Collection Harassment, Debt Collection Defense, Bankruptcy, Student Loan Dispute, Auto Fraud, and other Consumer Law legal needs for residents of Orlando, Kissimmee, Orange County, Osceola County, Seminole County, and throughout Central Florida.

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debt collection defense

DEBT COLLECTION DEFENSE

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If you are dealing with a situation in which you, as a consumer, are not being dealt with properly in a consumer related transaction or circumstance, find out what your legal rights are. Seek the advice and representation of experienced legal counsel.

credit card debt defense

CREDIT CARD DEBT DEFENSE

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Every day those with credit card debt are harassed by a number of collection agencies that commonly use unethical and sometimes illegal means to attempt to collect debt.

 

student loan debt defense

STUDENT LOANS

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Higher education is an investment in one's future; and it can be expensive. If you are being harassed by student loan creditors or debt collection agencies, find out what your legal rights and options are. Make sure your are informed and your rights ar protected.

debt collection harassment

COLLECTIONS HARASSMENT

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Being harassed by creditors or debt collectors is illegal. There are both State and Federal Debt Collection Laws that exist to protect the consumer from harassment and other illegal activities by collection agencies, their subsidiaries, and third parties.

auto fraud

AUTO FRAUD

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There are a variety of state and federal laws that were created to protect you when you buy a used or new car. Auto dealership fraud can include unfair or deceptive practices, repossession and "buy here pay here" auto dealerships.

 

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BANKRUPTCY

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Bankruptcy is a mechanism of the Federal Government to allow debtors (people who owe money) to restart their lives when they have gotten into a financial dilemma where there is no reasonable way to repay the debts they owe.

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VIDEOS

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Orlando Consumer Rights Lawyer - watch these informative videos about consumer rights in the financial services industry.

 

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FAQ

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We answer some of the most common Debt Collection Harassment Question that we hear on a daily basis.

 

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SPANISH VERSION

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Si usted es una de las millones de personas acosadas por un cobrador de deudas desaprensivo, la ley está de su parte. El Acta de Prácticas Justas Para el Cobro de Deudas, regula las prácticas de los cobradores de deudas y les impone sanciones que rompen las reglas.

 

ABOUT JIM TURNER

STARTED SINCE 1990

Orlando Consumer Rights Lawyer - providing aggressive and affordable professional services to consumers who have been victims of debt collection harassment by debt collectors and auto fraud, to residents in Orlando, Kissimmee, and throughout the Central Florida Area.

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