In a case of legal irony, Jones, Wolf & Kapasi, LLC ("JWK") argued, and the New Jersey state Court granted, summary judgment in a breach of contract lawsuit against several New Jersey debt collectors 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").
The debt collectors settled the FDCPA case for the maximum statutory monetary damages for our client, plus attorney fees pursuant to the fee shifting provision. However, the defendants breached the terms of the settlement agreement by failing to pay the amount agreed to. Notably, and after the debt collectors challenged whether there was a settlement agreement, JWK deposed the debt collectors' own attorney in the FDCPA case, who confirmed not only that there was, indeed, a settlement agreement but unequivocally testified as to its terms. In addition to summary judgment, the Court awarded all of the damages JWK was seeking for our client in the FDCPA case, including attorney fees in this case as well as entered judgment against the debt collectors.
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 can be read here.
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