Legal Opinion

Arias v. Gutman, Mintz, Baker & Sonnenfeldt LLP

Court of Appeals for the Second Circuit

Decided November 14, 2017No. Docket No. 16-2165-cvPublishedCited by 67 opinions

1Opinion of the Court

LOHIER, Circuit Judge:

Franklin Arias claims that Gutman, Mintz, Baker & Sonnenfeldt LLP (“GMBS”), a law firm, violated the Fair Debt Collection Practices Act (“FDCPA”) and New York State law when it garnished his bank account and then tried to block him. from showing that all of the funds in his account were exempt from garnishment.1 The United States District Court for the Southern District of New York (Daniels, J.) dismissed Arias’s FDCPA claim and declined to exercise supplemental jurisdiction over Arias’s State law claims. As explained below, we VACATE the judgment of the District Court…

2Cases cited31 opinions

  1. Nicosia v. Amazon.com, Inc.Court of Appeals for the Second Circuit · 2016
  2. Heintz v. JenkinsSupreme Court of the United States · 1995
  3. Christ Clomon v. Philip D. JacksonCourt of Appeals for the Second Circuit · 1993
  4. Eades v. Kennedy, PC Law OfficesCourt of Appeals for the Second Circuit · 2015
  5. Sykes v. Mel S. Harris & Associates LLCCourt of Appeals for the Second Circuit · 2015

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3Cited by67 opinions

  1. Wagner v. Chiari & Ilecki, LLPCourt of Appeals for the Second Circuit · 2020
  2. Vangorden v. Second Round, Ltd. P'shipCourt of Appeals for the Second Circuit · 2018
  3. McCrobie v. Palisades Acquisition Xvi, LLCDistrict Court, W.D. New York · 2019
  4. Maleh v. United Collection Bureau, Inc.District Court, E.D. New York · 2018
  5. Cole v. Stephen Einstein & Assocs., P.C.District Court, W.D. New York · 2019

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