[RPPTL LandTen] Cases of Interest/Notice and Fed. Fair Debt. Collec. P. Act 9/14/08

[roshani gunewardene]

Kastner v. Joseph & Gedon, 15 FLW Supp. 391(17th Jud. Cir. 2/5/08)
Notice violates Fed. Fair Debt Coll. Practices Act where notice was signed by attorney who is not Creditor and failed to give 30 day validation period.
 
Late fees are not rent and may not be demanded in 3 day notice unless lease defines it as additional rent.
 
Joan Allesse, a Trustee for Northern Hamilton Trust v. Schreppel,
15 FLW Supp. 162(17th Jud. Circuit 11/7/07)
 
Same as above on who should sign notices(3 day)
 
Forcier & Forcier v. Henley, 15 FLW Supp. 284(17th Jud. Cir. 11/28/07)
Atty signed 3 day notice and should not have done so since it violated Fed. Fair Debt Coll. Practices Act.
 
Roshani Gunewardene



Date: Fri, 12 Sep 2008 13:35:43 -0400From: NShoter at shutts.comTo: landten at lists.flabarrpptl.orgSubject: [RPPTL LandTen] Nowell Case

The attached case of interest was provided by Committee member James Wallace.  A copy of this case will be posted to the Committee's Webpage.
 
 
 
 
Neil B. Shoter Partner  



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