United States District Court, D. Oregon, Portland Division
FINDINGS AND RECOMMENDATIONS
Yim You, United States Magistrate Judge
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.
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
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.
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.
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
Original Debt Amount $___
Pre-adjudication Interest $___
Attorney Fees $___
Cost Bill $___
Post-adjudication Interest $___
Delivery Fee for Writ ...