The Northern District of Illinois recently held that a collection letter sent to a consumer's attorney seeking payment on a debt discharged in bankruptcy did not violate the Fair Debt Collection Practices Act based on the "competent lawyer" standard. The case is Grajny v. Credit Control, LLC, No. 18-C-2719, 2018 U.S. Dist. LEXIS 173682, 2018 WL 4905019 (N.D. Ill. Oct. 9, 2018).
After plaintiff Halina Grajny obtained a bankruptcy discharge, Credit Control, LLC sent a collection letter to her bankruptcy attorney regarding a debt discharged in the bankruptcy. The letter stated that it was "from a debt collector" and was "an attempt to collect a debt."
"Competent Lawyer" Standard Used to Dismiss FDCPA Claims
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- Written by: Mark J. Windham and Alan D. Wingfield for Mondaq
- Category: Breaking News - Daily