Indiana Consumer Law Group/The Law Office of Robert E. Duff announces the filing of a lawsuit against Midland Funding LLC, a California based debt collector, and Bowman, Heintz, Boscia & Vician, P.C., an Indiana based debt collection law firm. The lawsuit, which has been filed in the United States District Court for the Southern District of Indiana, alleges that Midland Funding and Bowman, Heintz, Boscia & Vician violated the Fair Debt Collection Practices Act (“FDCPA”) when they filed a collection lawsuit against an Indiana consumer on a debt that had been paid in full five years earlier. The consumer/plaintiff is seeking an award of actual damages, statutory damages, costs and attorney fees.
This lawsuit highlights an important provision of the FDCPA. It prohibits a debt collector from collecting or attempting to collect any amount, even only a dollar of principle, interest or fees, that is not owed. This of course includes a debt that was never owed, was discharged in bankruptcy, was settled for the less than the full amount or was paid in full. Plus, the FDCPA has a fee-shifting provision that means that if the consumer prevails the debt collector has to pay the consumer’s attorney fees. That means that here at the Indiana Consumer Law Group/The Law Office of Robert E. Duff, we don’t charge you any attorney fees out of pocket to bring an FDCPA lawsuit. If a debt collector is attempting to collect a debt from you that you don’t owe, go here to submit your potential case for a free evaluation.