by Danny Hammond
FDCPA Case Law Citation
As many of my growing group of followers know, we are using the FDCPA in our lawsuits against
Mortgage Fraud. This means that you have to really research case law citations to back up your
claims. Today I found a true gem of a ruling against the Debt Collector.
Mortgage Fraud. This means that you have to really research case law citations to back up your
claims. Today I found a true gem of a ruling against the Debt Collector.
Please See Below.
McNall v. Credit Bureau, 2008 WL 1881796 (D. Or. Apr. 18, 2008)
["Consumers stated a claim for relief for defendant’s’ violation of § 1692d when their agents, while
attempting to serve process, stood at the entrance of the consumers’ home and “in a very loud voice
repeatedly yelled the plaintiff’s name…’ come out of your house.’ ’I have legal papers for you, ’you
need to come out and get these legal papers now,’ ‘you need to get your ass out here and open your
your gate now, ‘ ‘ I’m not leaving until you come out and open this gate.’”]
attempting to serve process, stood at the entrance of the consumers’ home and “in a very loud voice
repeatedly yelled the plaintiff’s name…’ come out of your house.’ ’I have legal papers for you, ’you
need to come out and get these legal papers now,’ ‘you need to get your ass out here and open your
your gate now, ‘ ‘ I’m not leaving until you come out and open this gate.’”]
I have nothing to add, except that I intend to use this extensively because it is funny.
