Legal News

Debt Collector Green Tree Responsible for Burden of Proof
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

Green Tree debt collector

Summary: Without the ability to prove the reason behind calling third parties for a debt collection, Green Tree was ordered to pay $1,000 to the defendant.

The U.S. Court of Appeals for the Third Circuit ruled that under the Fair Debt Collection Practices Act, debt collectors contacting third parties to locate debtors must show that the contact was purely to locate the debtor. Plaintiff Patricia Evankavitch sued the debt collection agency Green Tree after they continually called her neighbors and daughter.

  
What
Where


A district court jury ruled in favor of Evankavitch, awarding her $1,000. She defaulted in a $43,000 mortgage she took out on her home to help her son out. He had been making payments but fell into financial difficulty. Once she fell behind, Green Tree took over her account.

Current laws allow a debt collector to contact third parties only once to find the location of a debtor. The exception to this is if the collector believes they have been given incorrect information.

The Third Circuit Judge Cheryl Ann Krause stated that “Although Green Tree suggests otherwise in its briefing, it cites little in the record that indicates that it actually attempted to discern the location of Evankavitch during this call or any subsequent call. Instead, these calls to the (neighbors) appear to have been made with the same purpose as the calls made to (her daughter).”

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




The court had to determine which party needed to provide the burden of proof. Usually a defendant is required to in these kinds of cases but the court ruled that Green Tree was responsible based on the fact that they had the “peculiar knowledge” on relevant facts.

Evankavitch was represented by Kristin Sabatini of Sabatini Law Firm.



Green Tree was represented by Barbara Hager of Reed Smith.

Source: http://www.thelegalintelligencer.com/home/id=1202731998870

Photo: topclassactions.com



 

RELEVANT JOBS

Family Law Attorney

USA-CA-Beverly Hills

Prominent family law firm in Beverly Hills is seeking an experienced attorney with a minimum of five...

Apply now

Associate Attorney, Litigation

USA-FL-West Palm Beach

WEST PALM BEACH AV RATED FIRM SEEKING A JR. ASSOCIATE ATTORNEY WITH 3-5 YEARS COMMERCIAL LITIGATION ...

Apply now

Paralegal

USA-GA-Alpharetta

Assist attorney in civil litigation. Prepare letters, discovery, arrange for court reporters, assist...

Apply now

Legal Assistant

USA-NC-Durham

Full Job Description LAW office assistant WITH Spanish COVER LETTER and RESUME, Replies w...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Litigation Associate Attorney

USA-CA-Los Angeles

Los Angeles office of a BCG Attorney Search Top Ranked Law Firm seeks a litigation associate attorne...

Apply Now

Corporate Transactional Partner

USA-CA-Los Angeles

Los Angeles office of a BCG Attorney Search Top Ranked Law Firm seeks a corporate transactional part...

Apply Now

Corporate Transactional Partner

USA-TX-Austin

Austin office of a BCG Attorney Search Top Ranked Law Firm seeks a corporate transactional partner w...

Apply Now

SEARCH IN ARCHIVE

To Top