Content For YouCivil Rights
Block on Trump's Asylum Ban Upheld by Supreme Court
Decision Involving Violation of the Fair Debt Collection Practices Act
![](data:image/svg+xml;utf8,<svg xmlns="http://www.w3.org/2000/svg" width="600" height="300"><rect width="100%" height="100%"><animate attributeName="fill" values="rgba(153,153,153,0.5);rgba(153,153,153,0.1);rgba(153,153,153,0.5)" dur="2s" repeatCount="indefinite" /></rect></svg>)
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.
Related Resource:
- Full text of Lee v. Javitch, Block & Rathbone LLP
