Hill v. Priority Financial Services, Inc.

This folder examines the all-too-frequent problem where collectors pretend to be lawyers or imply that they can do things that only a lawyer can do. The folder also examines instances where the collector threatens to do things which it cannot lawfully do.
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David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Hill v. Priority Financial Services, Inc.

Post by David A. Szwak »

Hill v. Priority Financial Services, Inc.
Not Reported in F.Supp.2d, 2001 WL 1155152
S.D.Ind.,2001.
September 28, 2001

Defendant relies on Clark v. Pollard for the proposition that the Rooker-Feldman doctrine should deprive this Court of subject matter jurisdiction. In that case, Yvonne Clark FN3 sued Rebecca Pollard, FN4 claiming that Pollard, a debt collector, engaged in the unauthorized practice of law in violation of the FDCPA. 2000 WL 1902183, at *1. The court acknowledged the thorny problems posed by the interaction of the Rooker-Feldman doctrine and the FDCPA, but found it unnecessary to fully analyze the issue. Id. at *2. Instead, the court noted that because “[Clark] could prevail on her FDCPA claim only by showing that the actions taken in state court and with the approval of the state court violated state law,â€
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