Attorneys Signed Rent Demand

March 1, 1999

LVT Number: 13063

Tenant sued landlord's attorneys, claiming they violated the Fair Debt Collection Practices Act (FDCPA) by sending him a three-day rent demand notice signed by land- lord's attorneys instead of landlord. Landlord's attorneys asked the court to dismiss the case without a trial. The court ruled against the attorneys. There had already been federal court rulings that a rent demand notice, if signed by landlord's attorneys, was an attempt at debt collection subject to the FDCPA.

Tenant sued landlord's attorneys, claiming they violated the Fair Debt Collection Practices Act (FDCPA) by sending him a three-day rent demand notice signed by land- lord's attorneys instead of landlord. Landlord's attorneys asked the court to dismiss the case without a trial. The court ruled against the attorneys. There had already been federal court rulings that a rent demand notice, if signed by landlord's attorneys, was an attempt at debt collection subject to the FDCPA. Under those circumstances, certain warnings must be given and the notice must give tenant 30 days to pay, rather than three.

Garmus v. Borah, Goldstein, Altschuler & Schwartz, P.C.: NYLJ, p. 31, col. 2 (2/10/99) (S.D.NY; Haight, J)

Topics

More like this