On May 14, 2013 we reported on the Indiana District Court case of Suesz v. Med 1 Solutions, which determined that the Marion County Small Claims Courts were not “judicial districts” as defined by 15 U.S.C.§ 1692i for purposes of the Fair Debt Collection Practices Act (“FDCPA”). In reaching this decision, […]
The Indiana Court of Appeals has held that an out-of-state debt collector with no physical place of business in Indiana is not required to obtain a license from the Indiana Department of Financial Institutions (“DFI”) to collect debts within the state. In Wertz v. Asset Acceptance, LLC, Nathan Wertz (“Wertz”) […]
The Indiana Court of Appeals overturned a superior court ruling finding that the doctrine of promissory estoppel is applicable to verification letters in factoring contracts and should control in the case of Sterling Commercial Credit – Michigan, LLC v. Hammert’s Iron Works, Inc. 998 N.E.2d 752 (Ind. Ct. App. 2013). […]
The Fair Debt Collections Practices Act requires that when a debt collector reports a debt to a consumer reporting agency, they must also report whether the debt is disputed. This requirement leaves open the question of what happens if a debt becomes disputed after the debt collector has already reported […]
The liability that individuals have for their spouse’s medical expenses is a common question for creditors with accounts consisting of medical debt. In the course of our practice in Ohio, Kentucky, and Indiana we have found that liability varies by state and depends upon the courts’ interpretation of common law […]
The matter of Mark Suesz v. Med-1 Solutions, LLC, came before the United States District Court, S.D. Indiana, Indianapolis Division on March 21, 2013 whereby the court concluded that the Indiana judicial structure provides that the Circuit Courts are considered “judicial districts” for purposes of the required venue provisions in […]
On February 14, 2013, the Indiana Court of Appeals in American Acceptance Co., LLC v. Melissa Willis found that an order of garnishment was within the trial court’s discretion and the court had the ability to order or deny the garnishment based upon that discretion. In 2008 American Acceptance received […]
Customer Service or Settlement Agreement? In December of 2012, the Indiana Court of Appeals made an important decision regarding settlement agreements. The appeals court reversed the decision made by the small claims division of the Allen Superior Court in the case of Vance v. Francisco Lozano, et al., finding that […]
