Indiana Consumer Law Group/The Law Office of Robert E. Duff announces the filing of a lawsuit against Indiana law firm Thrasher, Buschmann & Voelkel, P.C. arising out of the collection of an assessment by the Huntwick Community Association. The lawsuit, which has been filed in the United States District Court for the Southern District of Indiana, alleges that Thrasher, Buschmann & Voelkel, P.C. sent a collection letter to a resident of the Huntwick subdivision in an attempt to collect dues owed to the Huntwick Community Association, Inc. The letter is alleged to attempt to collect attorney fees that were not owed. The Complaint alleges that this was a violation of the Fair Debt Collection Practices Act ("FDCPA") because it is a violation of the FDCPA to attempt to collect any amount that is not owed. The consumer/plaintiff in the FDCPA lawsuit is seeking an award of actual damages, statutory damages, costs and attorney fees.
The consumer's lawsuit highlights one of the most important parts of the FDCPA. In this case, the attorney fees that were added to the debt ($125) were nearly as much as the original debt itself ($144). But the FDCPA prohibits a debt collector from collecting or attempting to collect ANY amount that is not owed. That means that a debt collector violates the FDCPA both by attempting to collect a debt that you don't owe (because you already paid it, for instance) or by attempting to collect interest in the amount of $1.50 that you don't owe. Attempting to collect any amount not owed is a violation.