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Parker Daniels Kibort lawyers have become leaders in the field of defending FDCPA claims

Parker Daniels Kibort Lawyers have become leaders in the field of defending claims brought against creditors’ rights companies under the FDCPA. Recent cases include the following:

  • Represented debt collection agency in case alleging verbal abuse of a debtor by a debt collector and improper collections procedures. Our attorneys were able to conclusively prove that the debtor’s allegations were false. The case was dismissed with no payment by the defense.
  • Obtained complete dismissal of all claims levied against debt-buying company and law firm. Seeking certification of class action status, the plaintiff filed a 34-page complaint containing 143 paragraphs, alleging multiple violations of federal and state law. On a motion to dismiss, Andrew Parker successfully argued that the complaint failed to comply with basic pleading requirements and failed to allege a single viable cause of action.
  • Represented debt collector in action alleging failure to properly credit debtor’s account for payments made. We were able to show that all payments were in fact properly credited, and that alleged failures to credit payments were due to administrative error by a third party. Achieved favorable mediated settlement.
  • Represented collection agency in action alleging wrongful garnishment of wages of debtor’s spouse. Achieved favorable settlement in mediation.
  • Obtained affirmance in state court of appeals of trial court’s summary judgment ruling in favor of debt-buying company. Successfully argued that the evidence submitted by the company (assignments, bills of sale and account statements) established ownership of the debt, and that the assignment of the debt was lawful, did not violate the terms of the credit card agreement between the parties, and was neither unconscionable nor a contract of adhesion.