Solomon v. Baer & Timberlake, P.C.

Summarized by Omid Moezzi ,
13 years 3 months ago

Citation:

Court of Appeals Case No. 12-6118 (10th Cir. December 3, 2012) - Western District of Oklahoma

Tag(s):

Ruling:

AFFIRMING the district court's summary judgment in favor of defendants (creditors HSBC, ASC and B&T) based on claims of Fair Debt and Collection Practices Act on behalf of Mr. Solomon, the plaintiff.

Procedural context:

In February 2009, Mr. Solomon filed a complaint against creditors, HSBC, ASC and B&T, asserting claims under the FDCPA and various state law claims arising out of the collection attempts on his home mortgage. The District Court dismissed the FDCPA claim on statute-of-limitations grounds and declined to exercise supplemental jurisdiction over the state law claims. The case was appealed, and the Court of Appeals reversed and remanded the dismissal of the FDCPA claims, finding that Mr. Solomon had alleged at least some wrongdoing within the statute of limitations. On remand, the district court granted summary judgment for one creditor on all the FDCPA claims and the plaintiff stipulated to a dismissal with prejudice of the remaining FDCPA claims against other creditors. Thereafter, the District Court entered judgments in favor of all three defendants/creditors and the debtor appeals that summary judgment to the Court of Appeals.

Facts:

B&T was hired HSBC to collect debt from Mr. Solomon and also was hired by ASC, the loan servicing company, to serve as counsel. In February 2008, B&T sent initial communications to Mr. Solomon regarding debt owed on his real property totaling $32,534.75. Later that same month, B&T filed suit against Mr. Solomon on behalf of HSBC seeking judgment for the loan including interest, other costs and fees. In February 2009, Mr. Solomon filed a complaint against HSBC, ASC and B&T, under FDCPA claims and state law claims.

Judge(s):

Kelly, O'brien and Matheson.

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