Consumer Debt Litigation (mostly Texas)

This blog covers debt collection litigation and practices, and related legal, procedural, and public policy issues, from the perspective of consumers.

NAVIGATION AND EDITORIAL

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Monday, June 18, 2018

Fifth Circuit tells pro se foreclosure plaintiffs in 2nd appeal that their claims shall remain in federal court after removal from state court

Mr. and Mrs. Smith go to the Fifth Circuit once more. U.S. District Court's denial of their motion to remand the case to state court af...

Saturday, June 2, 2018

Prolific FDCPA Violator taken to task: Infante v. Law Office of Joseph Onwuteaka, P.C. (5th Cir. May 31, 2018)

Fifth Circuit chides serial FDCPA violator Joseph Onwuteaka for shoddy appellate briefing, rules against him once more in a private suit o...

Monday, May 28, 2018

Wilmington Trust, N.A. v. Rob (5th Cir 2018) Fifth Circuit recognizes that acceleration of maturity is a harsh remedy, and that equitable constraints apply

"Because Wilmington Trust failed to meet its burden to show clear and unequivocal notice of intent to accelerate prior to filing suit,...

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