§Why CasetextPricing

Slick v. Portfolio Recovery Associates, LLC

MOTION

9 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,035 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  2. Jerman v. Carlisle

    559 U.S. 573 (2010)   Cited 748 times   7 Legal Analyses
    Holding that "the bona fide error defense in § 1692k(c) does not apply to a violation of the FDCPA resulting from a debt collector's incorrect interpretation of the requirements of that statute" and reversing the contrary judgment of the court of appeals

  3. Kort v. Diversified Collection Services, Inc.

    394 F.3d 531 (7th Cir. 2005)   Cited 206 times
    Holding that the bona fide error defense requires only negation of specific intent

  4. Hammer v. Residential Credit Solutions, Inc.

    No. 13 C 6397 (N.D. Ill. Sep. 11, 2014)

    No. 13 C 6397 09-11-2014 Alena W. Hammer Plaintiff, v. Residential Credit Solutions, Inc., Defendant. Judge Thomas M. Durkin MEMORANDUM OPINION AND ORDER Alena Hammer ("Hammer") brought this lawsuit against Residential Credit Solutions ("RCS") on September 6, 2013, alleging that RCS caused her damages resulting from breach of contract and violations of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692; the Illinois Consumer Fraud Act ("ICFA"), 815 ILCS § 505/1; and the Real Estate

  5. Ross v. St. Clair Foundry Corp.

    271 Ill. App. 271 (Ill. App. Ct. 1933)   Cited 4 times

    Opinion filed May 29, 1933. 1. LIMITATIONS OF ACTION — when admission is sufficient to revive debt. An unqualified admission that a debt is due and unpaid, accompanied by nothing said or done to rebut the presumption of a promise to pay it, is sufficient to revive the debt as against the statute of limitations. 2. LIMITATIONS OF ACTION — when new promise to pay is implied. If the debtor clearly admits the debt to be due and unpaid and uses language indicating an intention to pay it, a new promise

  6. Barlow v. the United States

    32 U.S. 404 (1833)   Cited 52 times
    Likening mistakes of fact to accidents "consistent with entire innocence of intention"

  7. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,261 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  8. Section 1692e - False or misleading representations

    15 U.S.C. § 1692e   Cited 6,917 times   108 Legal Analyses
    Prohibiting false representation of the "character, amount, or legal status of a debt"

  9. Section 1692g - Validation of debts

    15 U.S.C. § 1692g   Cited 3,433 times   67 Legal Analyses
    Setting forth requirements for disputing a debt