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About Weltman, Weinberg and Reis Debt Collection

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MODELING AND SIMULATION OF THE SUPPLY CHAIN	1 day ago · With more than 85 years of experience in the creditors' rights industry, Weltman, Weinberg & Reis Co., LPA (WWR) is a nationally-recognized full-service collections firm with more than 80 attorneys and total employees. 4 days ago · This lawsuit stems from a attempt by defendant, the law firm Weltman, Weinberg & Reis, to collect a debt from the plaintiff, Michael Rosales. Weltman sued Rosales in Cook County Circuit Court, but its action was dismissed with prejudice because it named the wrong creditor in its complaint. 3 days ago · Armiy Rais Legal Firm.
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Within Weltman Weinberg Reis Co Lpa Wwr

United States District Court, N.

Weltman Weinberg & Reis Co

Illinois, Eastern Division. JOHN J. Weltman sued Rosales in Cook County Circuit Court, but its action was dismissed with prejudice because it named the wrong creditor in its complaint. Rosales then sued Weltman in federal court, charging that Weltman violated the Fair Debt Collection Practices Act by filing the flawed state court lawsuit against him. Before the Court now are both parties' motions for summary judgment. For the reasons discussed below, the Court grants both motions in part and denies them in part.

Plaintiff Michael Rosales, formerly an active duty service member, obtained a residential loan from lender IMPAC Funding, secured by his condo, on which he defaulted in The debt was charged off in In FebruaryKirsten Pepper, a Weltman lawyer, set to work on the complaint. source

Pepper's practice was to mass produce complaints using mail-merge, a tool within Microsoft Word that enables one to use data in a spreadsheet to populate information throughout Word documents. Notwithstanding these errors, the complaint was sent to Green Tree for verification and Green Tree approved the draft.

She again sent the complaint to Green Tree for verification, and Green Tree again approved the complaint—despite the fact that Weltman had still named the wrong creditor. Defendants acknowledge that they do not know how Pepper entered the wrong trust name when she created the complaint.

When Rosales was served with the complaint, he recognized that the lawsuit had something to do with the condo loan he had defaulted on years earlier. He hired a lawyer who recognized that Trust B, an entity that actually exists and has sued other debtors, was incorrectly named as the creditor in the "verified complaint" filed by Weltman. On January 15,Rosales filed a motion to dismiss the state court action. Two months later, Weltman had still not determined the identity of the correct creditor.

The firm never sought to withdraw the complaint, nor did it file an amended complaint to correct the erroneous identification of the trust creditor. Therefore, on April 16,the Cook County Circuit Court granted Rosales' motion and dismissed the action with prejudice, finding that "Deutsche Bank is not the purported holder of the disputed note. The Court dismissed the claims against the trusts and dismissed the state law claims against Weltman while allowing the FDCPA claims to proceed. The operative complaint alleges that Weltman violated 15 U.

Its purpose is to protect debtors "from unscrupulous collectors, regardless of the validity of the debt. Van Ru Credit Corp. It is "a strict liability statute, and debt collectors whose conduct falls short of its requirements are liable irrespective of their intentions.

The FDCPA relegates questions of a defendant's intent to the "bona-fide error" defense, wherein the defendant bears the burden to show that it committed an unintentional, good faith error despite having procedures reasonably adapted to article source that error. When ruling on a motion for summary judgment, the Court examines whether there is any genuine dispute as Weinbery any material fact such that the movant is entitled to judgment as a matter of law. This standard remains unchanged when the parties both file motions for summary judgment; the Court "construes all inferences in favor of the party against whom the motion under consideration is made.

Further, Weltman is not entitled to a bona fide error defense, because it cannot establish that the error was unintentional, nor that its procedures were reasonably adapted to prevent the error. The FDCPA proscribes "any false, deceptive, or misleading representation or means in connection with the collection of any debt. See Marquez v. Rosales argues that Weltman violated three provisions of this section. Weinbrrg determine whether a statement is false or misleading under the FDCPA, 3 the Court applies an objective standard that asks "how an unsophisticated consumer would perceive Within Weltman Weinberg Reis Co Lpa Wwr statement. CDA, Ltd.]