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Friday, January 27, 2017

Ind. Courts - "Court of Appeals wipes clean Granger man's $10k credit card debt"

That is the heading to this Jan. 26th WNDU16 story by Mark Peterson, about the Jan. 20th Court of Appeals opinion in Kevin T. Williams v. Unifund CCR, LLC (ILB summary here). The story begins:

Good economic times are a great time to try and collect bad debt racked up during the recession.

In fact, a local court case indicates that some collectors are trying too hard. “And there have been many cases where people paid a debt off and debt collectors came after them, some companies got in trouble for selling debts that were discharged in bankruptcy,” said Judy Fox, Director of the Notre Dame Clinical Law Center.

The law center took the case of a Granger man who claimed his $10,000 credit card debt was accumulated past the statute of limitations. This week, the Indiana Court of Appeals reversed the case—effectively eliminating the debt.

Much of the increased debt collection activity comes from debt buying companies that are commonly a source of consumer complaints. “And when they buy these debts they come with a contract that says right on there that he company is not guaranteeing that any of these are legitimate. That the debt buyer is buying them knowing that they might not be legitimate debt,” Fox said. * * *

In the local case, the Indiana Court of Appeals ruled that a debt buying company called Unifund failed to prove it had the right to collect the past due debt of a Granger man, and failed to prove that the debt even existed.

ILB: Interesting also is this case (via SCOTUSblog), recently argued before the SCOTUS.

Posted by Marcia Oddi on January 27, 2017 10:05 AM
Posted to Ind. App.Ct. Decisions