Legal Opinion
Patricia Arellano v. Clark County Collection Serv.
Court of Appeals for the Ninth Circuit
Decided November 17, 2017No. 16-15467PublishedCited by 3 opinions
1Opinion of the Court
OPINION
THOMAS, Chief Judge:-
Can a debt collector avoid liability under the Federal Fair Debt Collection Practices Act by obtaining the debtor’s' ■ lawsuit through a. writ of execution? We conclude that such a procedure frustrates the Act’s purpose and is thus preempted.
L
Patricia Arellano was overdue on a small amount of medical debt—$371.89 to be precise. A private collection agency-, Clark County Collection Services, sent her a letter about it. Included with the letter was a summons and state justice court complaint seeking collection of the debt. The complaint itself stated that Arellano'…
2Cases cited19 opinions
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- English v. General Electric Co.Supreme Court of the United States · 1990
- Geier v. American Honda Motor Co.Supreme Court of the United States · 2000
- Camacho v. Bridgeport Financial, Inc.Court of Appeals for the Ninth Circuit · 2008
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3Cited by3 opinions
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- CARA JONES V. GOOGLE LLCCourt of Appeals for the Ninth Circuit · 2022
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