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Not So Jolly Is the Season: Discover Bank's lawyers in Texas move to strike...
Goddamn v. Discover Bank: Pro Bono meets the Grinch, or was it Ebenezer Scrooge? Shylock? PROSAIC PEDESTRIAN PROSE & JUDGE POSNERDiscover Bank's motion to strike pro bono amicus brief WL Cite for...
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Illinois Court of Appeals implores Legislature to change law to provide for...
National Collegiate Student Loan Trust 2004-1 v. Ogunbibi, No. 1-17-08612018 IL App (1st) 170861 (December 24, 2018)The legislature, in 2007, decided to take 15% of wages, regardless of the extreme...
View ArticleEnd-of-Year (2018) Index of Blawg Coverage of Private Student Loans and Debt...
INDEX OF THIS YEAR'S CROP OF STUDENT LOAN AND DEBT COLLECTION BLAWG POSTS WITH HOTLINKS Illinois Court of Appeals implores Legislature to change law to provide for wage-garnishment relief, finding...
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Claim accrual for SOL purposes in a credit card collection case: Date of last...
Matkin v. American Express Centurion Bank, No. 05-17-01438-CV (Tex.App. - Dallas, Nov. 7, 2018, no pet.) (sent to publisher 1/3/2019) (holding that the accrual date of the bank's claim is the date of...
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Germany v. Wells Fargo Bank, N.A. (Tex.App.- Houston [14th Dist.] 2019, pet....
Standards again lowered to facilitate robo-litigation with sloppy affidavits and minimal documentation in consumer debt collection cases. Judicial awareness of fitting facts tapped to fill voids in...
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Default Judgment in Credit Card Debt Suit Reversed: Gattenby v. TIB (Tex.App....
Dallas Court of Appeals reverses default judgment for bank where attorney for credit card defendant filed Craddock motion to have default judgment set aside because bank's collection claim was based on...
View ArticleFDCPA and Suing the wrong person with the same last name: Smith v. Moss Law...
INDIVIDUAL WHO IS DUNNED OR SUED BUT DOES NOT OWE THE DEBT CAN HAVE STANDING TO BRING UNFAIR COLLECTION CLAIM UNDER FAIR DEBT COLLECTION STATUTES Motion to dismiss in FDCPA action brought by...
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Texas Student Loan Collection Follies: AG Ken Paxton collects grand total of...
HOW THE STATE OF TEXAS SQUEEZES A FEW ROCK-BOTTOM DOLLARS FROM STUDENT LOAN DEBTORS Texas Attorney General Ken Paxton presides over a well-oiled litigation machine optimized to extract money from...
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Denying requests for admissions (RFAs) vs. failing to answer them altogether:...
DEEMED ADMISSIONS CAN BE USED AS EVIDENCE BUT NOT EXPRESS DENIALS OF REQUESTED ADMISSIONS In Medina v. Zuniga, the Texas Supreme Court recently reversed sanctions imposed on a defendant for having...
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Consumer Contracts at the Back-End: A Different Perspective on the (draft)...
CONSUMER CONTRACTS DON'T MATTER WHEN APPELLATE COURTS CREATE CASELAW TO ALLOW CIRCUMVENTION Much of the discussion about the state of American consumer law, including the ongoing controversy over the...
View ArticleDoes Sub-Prime Student Loan Debt Deserve Sub-Prime Jurisprudence? Sheila Kirk...
GIVING CREDIT WHERE CREDIT IS DUE Democrat Richard Hightower botches his first National Collegiate Student Loan Trust case after taking office as a member of Houston Court of Appeals Sheila Kirk v....
View ArticleProof of Contract-Formation for Arbitration vs. Credit Card Agreements:...
FORMATION-PROOF DISPARITY: ARBITRATION AGREEMENTS AND CREDIT CARD AGREEMENTS TREATED DIFFERENTLY FOR NO READILY APPARENT LEGAL REASONSIn several recent cases, Texas courts have denied motions to compel...
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Variation on the arbitration theme: Amegy Bank sues customer to block...
WHEN THE LITTLE GUY WANTS TO TAKE THE BIG GUY TO ARBITRATION Here is another rare case where an individual wanted to arbitrate a dispute with a business -- rather than the reverse -- and was thwarted...
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Are counter-affidavits effective to defeat summary judgment in credit card...
Last Friday the Supreme Court of Texas decided two debt collection cases. In Godoy v. Wells Fargo, the Court approved and enforced a contractual waiver of the 2-year statute of limitations applicable...
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UCC vs. Common Law in Texas: Cadence Bank v. Elizondo (Tex.App. 2019) Houston...
THE CASE OF THE SCAMMED ATTORNEY: WHO SHOULD BEAR THE RISK AND LOSS - BANK OR BANK CUSTOMER? Houston court of appeals panel splits on bank's overdraft claim against attorney resulting from chargeback...
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From Arthur Andersen to Rohrmoos Venture: New leading case for attorney fee...
THE LODESTAR COMES TO ALL LONE STAR STATE COURTS Last month the Texas Supreme Court handed down an important decision on attorney’s fees in a case involving a dispute over a commercial lease. Rohrmoos...
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ALI's Bean Counting for Consumer Law Restatement Purposes Not as Simple as 1,...
The Great Consumer-Be-Bound Common-Law Do-over:American Law Institute's Case Counting Scheme in Need of Further Reflection Link to -- > Tentative Draft dated April 18, 2019 Take Payday Lenders and...
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Texas Contract Law: Was there a "Meeting of the Minds" on a Fixed Amount?
McAllen Hospitals, L.P. v. Lopez, No. 17-0733 (Tex. May 17, 2019) (judgment for plaintiffs on jury verdict reversed)EMPLOYMENT LAW AND CREDITOR-CONSUMER LAW: ARE THEY ALIGNED? It will come as no...
View ArticleSpecial Interest Jurisprudence: How Intermediate Courts of Appeals Have...
Proof of contract not necessarily required to prove breach-of-contract claim: There is another way A high number of consumer debt collection cases result in default judgments. Under Texas pleading...
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Bankrupt(cy) Logic: TERI got paid for providing a private student loan...
Question Raised: Which Way Did the Money Flow?IN RE GREER-ALLEN, Bankr. Court, D. Massachusetts July 29, 2019The Education Resources Institute, Inc. (TERI) took fees for providing guaranties for...
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How Wells Fargo uses Texas courts to empty its own customers' bank accounts:...
WELLS FARGO BANK, NA VS. WELLS FARGO BANK, NA Wells Fargo regularly sues itself, styling itself both as Garnishor (Plaintiff and Judgment Creditor) and as Garnishee Bank (Defendant holding deposits of...
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Student Loan Plaintiff EduCap Inc. loses appeal from Take-Nothing Judgment in...
EduCap, Inc. v. Mendoza, No. 03-18-00686-CV (Tex.App.- Austin, Sep. 27, 2019, no pet. h.) (take-nothing judgment in favor of student-loan defendant affirmed where EduCap failed to provide admissible...
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Student Loan Servicing Complaints: AR 2019 by CFPB Ombudsman Released
CFPB PRIVATE EDUCATION LOAN OMBUDSMAN ISSUES 2019 ANNUAL REPORTOn October 15, 2019 the Consumer Financial Protection Bureau Private Education Loan Ombudsman issued the 2019 Annual Report reflecting...
View ArticleStatus of CFPB v. National Collegiate Student Loan Trust in Delaware USDC...
The relevant item in the Bureau's most recent semi-annual report has this to say (not much): Consumer Financial Protection Bureau v. The National Collegiate Master Student Loan Trust, et al. (D. Del....
View ArticleMoss Law Firm sued non-debtor: Not entitled to have wrongful debt collection...
CHRISTOPHER SMITH, Plaintiff,v.MOSS LAW FIRM, P.C., Defendant.Civil Action No. 3:18-CV-2449-D.United States District Court, N.D. Texas, Dallas Division.February 6, 2020. Christopher Smith, Plaintiff,...
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