Morrow & Artim, P.C.  Firm News

Image1 Greg Artim and Clay Morrow

WE have had a very successful inaugural year. We have had a number of successful cases and we have received a number of important legal decisions in our favor. The following is a brief synopsis of our recent successes.

In May of 2010, Clay Morrow was able to settle a class action case with a debt buyer who violated the FDCPA. The debt collector failed to send out 1692(g) notices to each of the debtors that it was pursuing. A g notice is simply a notice regarding the debt, from the debt collector whereby the collector announces its position and advises the debtor that he/she has the right to request validation of that debt.  Clay was able to work a settlement that included a payout to each class member and a payment to the National Association of Consumer Advocates to assist in their furtherance of consumer law across the United States. Clay also forced the debt collector to include payment of attorney fees, thereby releiving that burden from the respective class members.

Clay was also responsible for the pre-eminent credit card case in Pennsylvania, Worldwide Asset. In Worldwide Asset, the debt collector filed a lawsuit against Clay's client. Worldwide didnt have much, if any, documentation in furtherance of its alleged claim. Clay filed Objections to the lawsuit, and the court ruled that Worldwide could not proceed unless it was able to produce sufficient documentation to substantiate its claim. Worldwide has become the number one cited case across Pennsylvania in regards to Credit Card cases.

Our other partner, Greg Artim, has received written opinions from 3 counties supporting the defense of Credit Card cases for consumers. In Atlantic Credit v. Wylie, the Dauphin County Court of Common Pleas ruled that the debt collector could not move forward on its claim until it provided every document that its claim was based upon. Atlantic Credit was unable to do so and its lawsuit was dismissed from the court docket.

In LVNV v. Johns, the Schuylkill County Court of Common Pleas ruled in essentially the same manner. LVNV is not able to proceed with its claim unless/until it is able to provide sufficient documentation to support the allegations in its case.

In Arrow v. Hairston, Court of Common Pleas of Allegheny County, Greg successfully defended a 78 year old widow who had a default judgment placed against her. The notice that was sent prior to the entry of the judgment was defective, which Attorney Artim argued to the court that it created confusion by including misleading language. Judge R. Stanton Wettick agreed and issued a ruling to that effect.

The firm is also pleased to announce the hiring of associate Matthew Becker. Matt will assist the firm in a variety of consumer law matters, including the defense of credit card cases and the pursuit of vehicle lemon law and warranty cases.

 If you think that your rights have been violated by a debt collector, simply call our office at 412-281-1250 or 1-888-536-6644 or send an email to Morrow & Artim

 

FDCPA Information

Most potential clients have questions about the process of bringing an FDCPA claim against a debt collector. We hope that the following answers many of those questions.

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