Legal Opinion
Dionte Tyler v. DH Capital Management, Inc.
Court of Appeals for the Sixth Circuit
Decided November 7, 2013No. 13-5021UnknownCited by 71 opinions
1Opinion of the Court
AMENDED OPINION
BOGGS, Circuit Judge.
Dionte Tyler brought this action under the Fair Debt Collection Practices Act (FDCPA) and Kentucky’s usury laws, alleging that the debt-collection action instituted by DH Capital Management (DHC) sought to collect an amount to which DHC was not legally entitled. The district court dismissed the suit, because it was procedurally barred as not having been raised previously as a counterclaim, and because Tyler’s bankruptcy trustee, not Tyler, was the proper party in interest. This appeal raises various issues of procedural timing, which arise out of an unusual…
2Cases cited43 opinions
- Singleton v. WulffSupreme Court of the United States · 1976
- Heintz v. JenkinsSupreme Court of the United States · 1995
- Segal v. RochelleSupreme Court of the United States · 1966
- Raleigh v. Illinois Department of RevenueSupreme Court of the United States · 2000
- Parsons Steel, Inc. v. First Alabama BankSupreme Court of the United States · 1986
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3Cited by71 opinions
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- Douglas Ellmann v. Michael James BakerCourt of Appeals for the Sixth Circuit · 2015
- Osure Brown v. Transworld Systems, Inc.Court of Appeals for the Ninth Circuit · 2023
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