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James v. Accelerated Recovery Systems, Inc. (Case No. 08-60012; A.P. No. 08-06036) 04/09/2010

            The Court issued the original judgment on a complaint seeking damages under the Fair Debt Collection Practices Act finding in favor of the defendant.  The plaintiff appealed.  The district court remanded instructing the Court to award statutory damages up to $1,000, to award costs and reasonable attorney’s fees, and to consider an award of actual damages.

            The Court declined to award actual damages because at hearing the plaintiff did not present any evidence in support of an award of actual damages, nor did the plaintiff argue a basis on which actual damages might be awarded.  The Court entered $300 in statutory damages and $355 in attorney’s fees.

Date: 
Friday, April 9, 2010
Category: 
Adversary Proceedings
Chapter 13 Issues
Chapter: 
13