Legal Opinion

James R. Peterson and Brenda Peterson v. United Accounts, Inc.

Court of Appeals for the Eighth Circuit

Decided January 22, 1981No. 80-1303PublishedCited by 37 opinions

1Opinion of the Court

ROSS, Circuit Judge.

James and Brenda Peterson appeal from an order of the district court dismissing their claim against United Accounts, Inc. for alleged violations of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq. The district court 1 dismissed the Petersons’ FDCPA claim because it had not been asserted as a compulsory counterclaim in a pending state claim brought by United Accounts, Inc. to collect the underlying debt in North Dakota. We reverse the dismissal and reinstate the complaint on grounds that the claim asserted under the FDCPA is a permissive, rather than…

2Cases cited5 opinions

  1. Theresa Plant v. Blazer Financial Services, Inc. Of GeorgiaCourt of Appeals for the Fifth Circuit · 1979
  2. Olga Valencia and Miguel Gonzalez v. Anderson Bros. Ford and Ford Motor Credit CompanyCourt of Appeals for the Seventh Circuit · 1980
  3. Cochrane v. Iowa Beef Processors, Inc.Court of Appeals for the Eighth Circuit · 1979
  4. Leo Lumber Company v. WilliamsNorth Dakota Supreme Court · 1971
  5. Parratt v. TaylorSupreme Court of the United States · 1980

3Cited by37 opinions

  1. Brian Bauman v. Bank of AmericaCourt of Appeals for the Sixth Circuit · 2015
  2. Laura Powers v. Credit Management Services, InCourt of Appeals for the Eighth Circuit · 2015
  3. Beepot v. J.P. Morgan Chase National Corporate Services, Inc.District Court, M.D. Florida · 2014
  4. Wegmans Food Markets, Inc. v. Scrimpsher (In Re Scrimpsher)United States Bankruptcy Court, N.D. New York · 1982
  5. Hart v. Clayton-Parker and Associates, Inc.District Court, D. Arizona · 1994

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