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PostPosted: Sun Oct 01, 2006 3:40 pm 
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Carbajal v. Capital One, F.S.B.
Not Reported in F.Supp.2d, 2003 WL 22595265
November 10, 2003


*1 The plaintiffs in this case, Moises Carbajal, Georgia Redd, and Ron Butler, have sued the defendants, Capital One, F.S.B., Capital One Services, Inc., and Westmoreland Agency, Inc., for violations of the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692e & g. Defendants have moved to dismiss plaintiffs' third amended complaint for failure to state a claim. For the reasons stated below, the Court denies defendants' motion. (On October 21, 2003, the Court made an oral ruling on the motion, and as indicated at that time, now issues the ruling in written form).
On a motion to dismiss for failure to state a claim, the Court reads the complaint liberally, granting the motion only “if it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which entitles him to relief.â€

David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
Fax 318-221-6555

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