Having previously obtained summary judgment (and after defeating a subsequent "frivolous" motion for reconsideration), Jones, Wolf & Kapasi, LLC ("JWK") were, again, granted sanctions (including costs and attorney fees) in a breach of contract lawsuit against several New Jersey debt collectors and their attorney, David M. Hoffman, Esq., who breached the terms of a settlement agreement previously agreed to in federal court pursuant to 15 U.S.C. 1692, et seq., the Fair Debt Collection Practices Act ("FDCPA") case.
The New Jersey state court previously awarded all of the damages JWK was seeking for our client in the FDCPA case, including attorney fees as well as entered judgment against the debt collectors. The debt collectors then, inexplicably, made a motion for reconsideration where JWK cross moved for sanctions as the debt collectors' motion was purely "frivolous". The New Jersey state court agreed with JWK as it stated:
"This Court finds that the motion for reconsideration was without basis in law or fact when filed, and even more so after the federal court decisions. This Court views the defendants' cessation of performance of the settlement agreement (as did the federal judge), interposition of defenses to the state court lawsuit, and persistence in seeking reconsideration of the summary judgment granted plaintiff were all in furtherance of pursuit of [the debt collectors'] defective, factually unsupported, woefully deficient, misguided federal court pleading."
Accordingly, in addition to the attorney fees previously granted to JWK, the New Jersey state court entered judgment against the debt collectors, and their attorney, for an additional amount of attorney fees.
The case is Juliette Chapa v Jeffrey Winters; Collection Solutions, Inc; Charles I. Turner, Esq.; United Credit Specialists et al, BER-L-2123-17. The Order and Statement of Reasons sanctioning the debt collectors, and their attorney, can be read here.
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