1. Debt
Collection. 55th Management Corp.
in New York City owns residential property that it leases to various tenants.
In June 2000, claiming that one of the tenants, Leslie Goldman, owed more than
$13,000 in back rent, 55th retained Jeffrey Cohen, an attorney, to initiate non
payment proceedings. Cohen filed a petition in a New York state court against
Goldman, seeking recovery of the unpaid rent and at least $3,000 in attorneys
fees. After
receiving notice of the petition, Goldman filed a suit in a federal district
court against Cohen. Goldman contended that the notice of the petition
1. Debt
Collection. 55th Management Corp.
in New York City owns residential property that it leases to various tenants.
In June 2000, claiming that one of the tenants, Leslie Goldman, owed more than
$13,000 in back rent, 55th retained Jeffrey Cohen, an attorney, to initiate non
payment proceedings. Cohen filed a petition in a New York state court against
Goldman, seeking recovery of the unpaid rent and at least $3,000 in attorneys
fees. After
receiving notice of the petition, Goldman filed a suit in a federal district
court against Cohen. Goldman contended that the notice of the petition
constituted an initial contact that, under the Fair Debt Collection Practices
Act (FDCPA), required a validation notice. Because Cohen did not give Goldman a
validation notice at the time or within five days of the notice of the
petition, Goldman argued that Cohen was in violation of the FDCPA. Should the
filing of a suit in a state court be considered communication, requiring a
debt collector to provide a validation notice under the FDCPA? Why or why not?
[Goldman v. Cohen, 445 F.3d 152 (2d Cir. 2006)] (See Credit
Protection.)
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