The 6th Circuit Court of Appeals reversed a District Court’s decision and issued a significant opinion in Van Hoven v. Buckles & Buckles, P.L.C., __ F.3d __, 2020 WL 239290 (6th Cir. Jan. 16, 2020). In Van Hoven, the court held that due to the unsettled interpretation of the law it was not improper to add court cost to the balance of a wage garnishment filed with the court and that the inclusion of previous court costs associated with previous garnishments, although not permissible, may be subject to the bonafide error defense which must be further reviewed by the lower court. To quote the Court, “Just as a lawyer does not ‘misrepresent’ the facts by making a factual contention later proved wrong, a lawyer does not ‘misrepresent’ the law by advancing a reasonable legal position later proved wrong.” Id., at p. 9. The Court went on to say “Legal contentions must be objectively baseless, not just later proved wrong, to be actionable under the [FDCPA].” Id. The Van Hoven holding is consistent with precedent from other Circuits and encourages creditors’ counsel to advance reasonable interpretations of unsettled law. The National Creditors Bar Association (which KWA is a proud member of) filed an amicus brief in support of reversal and has published a more in-depth article. To review their article, please visit: NCBA Member Bulletin, “Court Rules in Favor of NCBA Member Firm.”
We are grateful and excited to share that Keith D. Weiner & Associates, Co. L.P.A. has been awarded the 2019 Community Service Award by the National Creditors Bar Association (NCBA) for its commitment to giving back to the communities in which its offices are located. KWA Charity Committee members work tirelessly throughout each year to plan and execute charity events. Likewise, firm employees continuously demonstrate their dedication to improving their communities with more than 85 per cent of employees participating in firm-sponsored charity efforts. Read more
Keith Weiner will be on a panel at the Fall NCBA conference discussing the challenges of handling growing auto deficiency portfolios. Discussion will include onboarding through liquidation on the 3 states the Firm serves (OH, KY, WI). Other panelists, Brian Winn and Dan Consuegra will cover California and Florida respectively. Tom Balcerzak from AACA will be the moderator.
Stacie Hackel Snow and Michael Lewis will be also be presenting at the Fall NCBA conference. Their presentation, “ABC’s of Student Loan Collections” will be a comprehensive overview of valuable information on best collection practices along with key compliance considerations.
If you are attending NCBA, please join them. If not, what are you waiting for?! Sign up now!
Since 1985, Keith D. Weiner & Associates Co. LPA (KWA) has operated on the premise that the people at KWA make the difference when it comes to providing its clients with quality service, and inspiring client trust and confidence. Likewise, KWA also believes its people can make a difference through their charitable works in the communities where the firm’s offices are located. Read more