In re Mason

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David A. Szwak
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In re Mason

Post by David A. Szwak »

In re Mason
167 B.R. 327
Bkrtcy.D.R.I.,1994.
May 12, 1994

Chapter 7 debtor brought adversary proceeding against debt collector to recover for debt collector's alleged violation of the Federal Fair Debt Collection Practices Act in his prepetition collection activities. The Bankruptcy Court, Arthur N. Votolato, J., held that debtor failed to establish that debt collector violated provisions of Act, either by harassing her through telephone calls at workplace prior to her bankruptcy filing or by failing to give statutorily required notices in those telephone calls which he admitted making.
Judgment for defendant.

DECISION AND ORDER


ARTHUR N. VOTOLATO, Bankruptcy Judge.
Heard on January 12, 1994, on the Debtor's complaint against Jacob Portnoy, Esq., for violation of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. At the conclusion of the hearing, we asked the parties to submit post-trial memoranda, and they complied with our request. Upon consideration of the entire record and the submissions of the parties, we find that the Plaintiff has failed to meet the burden of proof required under the statutes in question, and that her complaint should be denied.


BACKGROUND

Circa 1989, Susan Mason had incurred a debt to Apex Department Store in the amount of $526, which became delinquent. Apex referred the matter for collection to Jacob Portnoy, Esq., and on October 12, 1990, Mr. Portnoy filed a complaint in the Rhode Island Sixth Division District Court. Mason did not answer the complaint, and a default judgment was entered on November 1, 1990.
Mr. Portnoy initiated supplementary proceedings to collect the judgment and on July 29, 1992, a citation was issued directing Susan Mason to appear in court on September 15, 1992, to show cause why she should not be ordered to pay the $526 judgment.FN1 Mrs. Mason failed to appear at the show cause hearing and a body attachment was issued for her arrest. On February 10, 1993, in the early a.m., the “Fugitive Task Force,â€
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