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Tesora v. Lyons, Doughty, Veldhuis, P.C.

United States District Court, D. New Jersey

July 27, 2017

SHEENA M. TESORA, Plaintiff,
v.
LYONS, DOUGHTY, VELDHUIS, P.C., Defendant.

          RC LAW GROUP, PLLC Yaakov Saks, Esq. Counsel for Plaintiff

          LYONS, DOUGHTY, VELDHUIS, P.C. Stephen P. Doughty, Esq. Counsel for Defendant.

          OPINION

          NOEL L. HILLMAN, U.S.D.J.

         This is a Fair Debt Collections Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq., suit.[1] Plaintiff alleges that she received a letter from the Defendant law firm which she claims does not comply with the FDCPA. Defendant moves to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(6). For the reasons stated herein, the Motion will be denied.

         I.

         The four-page complaint reads in relevant part:

8. On information and belief, on a date better known to Defendant, Defendant began collection activities on an alleged consumer debt from the Plaintiff (“Alleged Debt”).
9. This debt was incurred as a financial obligation that was primarily for personal, family or household purposes and is therefore a “debt” as that term is defined by 15 U.S.C. § 1692a(5).
10. On or around December 15, 2015, Defendant sent the Plaintiff a collection letter.
11. The collection letter seeks to collect on a judgment entered against Plaintiff in the amount of $821.82.
12. The Letter includes the following paragraph: “As of today's date the outstanding balance stated above, remains unpaid. In addition to the balance stated above, the Superior Court of New Jersey, Special Civil Part requires a $35.00 fee to satisfy a judgment.” 13. New Jersey Court Rule 4:48-1 states that “upon satisfaction of a judgment . . . a warrant shall be executed and delivered to the party making satisfaction . . .” (emphasis added).
14. The addition of this $35.00 collection fee by Defendant, which was not authorized by the agreement creating the debt or permitted by law, was an attempt to collect an amount not owed by Plaintiff.

(Compl. ΒΆΒΆ ...


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