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Madrid v. Asset Acceptance, LLC

United States District Court, D. Oregon, Portland Division

March 12, 2018

ROBERT MADRID, Plaintiff,
v.
ASSET ACCEPTANCE, LLC, AND JOHNSON MARK, LLC, Defendants.

          FINDINGS AND RECOMMENDATIONS

          Youlee Yim You, United States Magistrate Judge

         INTRODUCTION

         Defendants Asset Acceptance, LLC, and Johnson Mark, LLC (collectively “defendants”) move pursuant to FRCP 56(a) for summary judgment against plaintiff Robert Madrid's claim that defendants violated the Fair Debt Collections Practices Act (“FDCPA”). Plaintiff alleges defendants violated sections 1692e and 1692f of the FDCPA by providing a debt calculation notice pursuant to Oregon law that (1) did not itemize each category of debt set forth in ORS 18.832(2), and (2) failed to garnish the total amount owed under a duly entered judgment. For the reasons discussed below, the notice does not constitute unfair, unconscionable, false or deceptive conduct pursuant to 15 U.S.C. §§1692e and 1692f and defendants' motion should be GRANTED.

         BACKGROUND FACTS

         The relevant facts of this case are not disputed. Asset Acceptance filed a collections lawsuit against plaintiff in Washington County Circuit Court and was awarded a default judgment. Mot. Summ. J. 2, ECF #34. The judgment awarded recovery on three separate claims for relief, including principal amounts, attorney fees, pre-judgment interest, cost and disbursements, and post-judgment interest for each claim. ECF #36-1, at 1-3. Asset Acceptance retained the law firm of Johnson Mark to assist with collection of the judgment. Johnson Mark issued a writ of garnishment, and pursuant to state law, ORS 18.832, sent a debt calculation to plaintiff, which included the following items:

Original Debt Amount: $2, 144.33
Interest Accrued: $2, 355.47
Costs: $547.48
Attorney Fees: $570.00
SUB-TOTAL: $5, 617.28
LESS Payments Made on Debt: $0.00
= TOTAL Amount Required to Satisfy Debt in Full: $5, 617.28

Mot. Summ. J. 2, ECF #34; ECF #36-2.

         The debt calculation form disclosed that “the amounts are owed by reason of a judgment entered against you dated 04/18/2008, in Case No. C080843CV, of the Circuit Court in Washington County, Oregon, ” and that, in “accordance with ORS 18.078, the clerk of the Circuit Court previously sent a Notice of Entry of Judgment” to the plaintiff. ECF #36-2. The case number also was referenced in the caption at the top of the debt calculation. Id.

         ORS 18.832 provides that:

(1) A debt calculation form shall be prepared for each writ of garnishment issued. A copy of the form need not be served on the garnishee, but a copy must be delivered to the debtor along with a copy of the writ in the manner required by ORS 18.658 (Documents to be delivered to debtor).
(2) A debt calculation form must be in substantially the following form:
Original Debt Amount $___
Pre-adjudication Interest $___
Attorney Fees $___
Cost Bill $___
Post-adjudication Interest $___
Delivery Fee for Writ ...

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