Irwin v. Mascott

[David A. Szwak]

Irwin v. Mascott
112 F.Supp.2d 937
N.D.Cal.,2000.
August 31, 2000

CEA violates § 1692e(4), by sending dunning letters that threaten post-judgment remedies that CEA does not intend to seek. The facts here are much the same as above for lawsuits, in that CEA threatens to obtain a judgment and garnish wages, when it almost never does. These hollow threats violate the FDCPA, specifically § 1692e(4), which prohibits: the representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. Id.