CONSENT TO JUDGMENT by credit card debtor improperly rejected possibly on misunderstanding that it was a cognovit judgment… Harris reversed. [Read more…]
Rule 11 sanctions, student loan collection
RULE 11 SANCTIONS: Debt collection law firm violated 11(b)(3) by ex parte motion, affidavit, and proposed judgment for $52,931.84 student loan debt based on counsel’s “inadvertent” conflation of loan files when sum specified in settlement agreement at issue was $32,850.35… settlement enforcement procedure of dismissal with prejudice, no-notice “reopening,” and ex parte judgment on affidavit not advisable but not in violation of 11(b)(2), firm improperly enjoined from further use of procedure… Harris affirmed, reversed (IOR I-3(c)). [Read more…]