Cases - Law Firm Defeats Debtor’s Claims Despite Bank’s Erroneous Satisfaction of Debt

Law Firm Defeats Debtor’s Claims Despite Bank’s Erroneous Satisfaction of Debt

Resolution Date
01/27/2014

Practice Areas
Commercial Litigation
Legal Malpractice

Description

Shannon Sprinkle won summary judgment in federal court after the plaintiff sued in retaliation to a state-court collection action. The plaintiff alleged the law firm unlawfully sought to collect a debt after the bank filed a cancellation of the security deed. The plaintiff had attempted to satisfy the debt using an intricate payment scheme which he claimed the bank improperly processed. The District Court found the collection suit did not violate the Fair Debt Collection Practices Act because the plaintiff’s payment scheme failed and the release of the security deed was not supported by consideration.

Attorneys Involved
Shannon M. Sprinkle
C. Joseph Hoffman

CCS Office
Atlanta