A North Dakota law firm accused of trying to collect a $3,800 debt after the statute of limitations expired is now the one that owes a lot of money 
An appellate court has upheld a $311,000 jury award to a Montana man who sued the firm in 2007 over a violation of the federal Fair Debt Collection Practices Act.
Johnson, Rodenburg & Lauinger appealed the April 2009 summary judgment and damages awarded to Timothy McCollough of Laurel. The case was heard in July by a special panel of the 9th U.S. Circuit Court of Appeals in Billings, including retired Supreme Court Justice Sandra Day O’Connor.
The panel issued a decision Friday upholding the damages. They include:
- $1,000 statutory maximum for violating the debt collection law,
- $60,000 in punitive damages and
- $250,000 for emotional distress.
The judge granted partial summary judgment on the Fair Debt Collection Practices Act claims against JRL, in part because JRL sought to have McCollough admit “facts” that were not true – that he had never disputed the debt, that he made a partial payment in June 2004 and that every statement in JRL’s complaint was true.
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Court upholds $311K award against debt collector.
How do you know if your rights have been violated by a Debt Collector? Well, you could hire a lawyer. That could cost you hundreds to thousands of dollars.
Or, you could order the Debt Warriors Arsenal. This video course informs you of your rights under the Fair Debt Collections Practices Act (FDCPA) in down to earth language that won’t have you feeling confused by legal terms.
As you can see above, Debt Collectors, Junk Debt Buyers and even Collection Attorneys will try to deceive and trick you into admitting to a debt that you may not owe. What’s worse, Debt Collectors will often try to get you to make a payment to extend the Statue of Limitations for Debt Collection.
I hate to say this, but it is your duty as a Consumer / Debtor to know your rights. Much more importantly, it’s your responsibility to know when your rights have been violated. The Debt Warriors Arsenal (video course) informs you of the most common tricks and traps of Debt Collectors.
At the end of the day, it’s up to you to take the action. Debt Warriors make it easy to learn how.
