A great opinion came out of the Second District Court of Appeals recently, the case of Katrina Bushnell v. Portfolio Recovery Associates, Case No. 2D17-429. Portfolio is what is commonly called a “debt buyer” and anyone who has read our blogs knows our office has had a great deal of success fighting cases with debt buyers for our clients.
Katrina Bushnell v. Portfolio Recovery Associates
Miss Bushnell was sued for credit card debt by Portfolio and before the Court entered a judgment in favor of either side or an order dismissing the case Portfolio voluntarily dismissed its complaint, ending the lawsuit.
Afterward, Miss Bushnell filed a motion seeking attorney fees pursuant to the contract, as the credit card contract stated that the prevailing side was entitled to attorney fees as to any case rooted in the contract. In opposition, Portfolio argued that their case was not rooted in a contract, rather, they brought a claim for “account stated”, a legal claim which is in many ways very similar to breach of contract but not identical to it. Portfolio further argued that since they did not bring a claim for breach of contract the dispute was not about a contract and thus the fee provision in the contract, which was only applicable to contract-based disputes, did not apply.
The Second DCA then ruled that even though the lawsuit was account stated, still, the facts underlying the matter related to a contract and thus the contract provision applied and the consumer should be able to recover their attorney fees.
Click here for more information about the FDCPA.
Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems. Our Florida foreclosure defense lawyer have saved over 1,800 homes from foreclosure, eliminated $100,000,000 in mortgage principal and consumer debt, and have collected millions of dollars on behalf of our clients due to bank, loan servicer, and debt collector violations, negligence, and fraud.
Contact our Fort Lauderdale foreclosure defense lawyer for a free consultation to see how we may be able to help you. Call us at 1-888-Fight13 (344-4813).
This document has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorney in connection with any legal issues related to the matters discussed in this article as the applicability of state, local, and federal laws may vary.
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Loan Lawyers is made up of experienced consumer rights attorneys who use every available resource to develop comprehensive debt solution strategies. Our goal is to take on those burdens, resolve those problems, and allow our clients to sleep soundly knowing they are on the path to a better future.
