Lind v. Midland Funding, LLC, No. 11-3128 (8th Cir. 2012)
Annotate this CaseTracy and Steve Lind filed this suit after Defendants attached funds in the Linds' joint bank account pursuant to Minnesota's garnishment laws. The Linds alleged that Defendants deprived Tracy of her due process rights in violation of 42 U.S.C. 1983 and that Defendants violated the Fair Debt Collection Practices Act (FDCPA). The district court dismissed both claims, concluding (1) Tracy had received constitutionally sufficient notice and an opportunity for a hearing; and (2) the Linds failed to allege any independent violation of the FDCPA in the complaint. The Eighth Circuit Court of Appeals affirmed, holding (1) because Tracy had actual notice and an opportunity for a postdeprivation hearing, her due process rights were not violated when Defendants attached funds from the Linds' joint bank account pursuant to the Minnesota garnishment statutes; and (2) the district court did not err in dismissing the Linds' FDCPA claim, as the Linds alleged no specific acts that demonstrated violations of the Act.
Court Description: Civil Case - civil rights - Fair Debt Collection Practices Act. District court's dismissal of civil rights action and claim under the Fair Debt Collection Practices Act relating to Minnesota garnishment proceedings is affirmed. No due process violation when actual notice was received and opportunity to be heard came at a meaningful time; predeprivation notice and hearing were not required; Minnesota law supported garnishment of debtor's funds in joint account. Absent due process violation, no per se violation of FDCPA.
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