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Decision Involving Violation of the Fair Debt Collection Practices Act

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By FindLaw Staff on April 13, 2010 3:23 PM

Lee v. Javitch, Block & Rathbone LLP, No. 08-4485 involved a plaintiff's suit against a law firm alleging violation of the Fair Debt Collection Practices Act and the Ohio Consumer Sales Practices Act, claiming that the firm filed a false affidavit in its application for a non-wage garnishment of plaintiff's bank account. 

In reversing the district court's judgment in favor of the plaintiff, the court concluded that plaintiff failed to establish that a reasonable attorney would have conducted additional investigation as the evidence does not support a conclusion that reasonable attorneys would have subpoenaed plaintiff's bank records regarding whether plaintiff's account may have contained nonexempt funds. 

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