Nelson v. Midland Credit Mgmt., No. 15-2984 (8th Cir. 2016)
Annotate this CasePlaintiff filed suit against Midland under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692e, alleging that Midland violated the FDCPA by filing a proof of claim on a time-barred debt. The district court dismissed for failure to state a claim. The court declined to extend the FDCPA to time-barred proofs of claim, concluding that an accurate and complete proof of claim on a time-barred debt is not false, deceptive, misleading, unfair, or unconscionable under the FDCPA. The court explained that the bankruptcy code provides for a claims resolution process and these protections against harassment and deception satisfy the relevant concerns of the FDCPA. Accordingly, the court affirmed the district court's judgment.
Court Description: Benton, Author, with Wollman and Shepherd, Circuit Judges] Civil case - Fair Debt Collection Practices Act. Where defendant filed an accurate and complete proof of a claim on a time-barred debt in plaintiff's bankruptcy, it was not subject to suit under the Act as the proof of claim is not a false, deceptive, misleading, unfair or unconscionable claim under the Act; the protections afforded a debtor in bankruptcy against harassment and deception satisfy the relevant concerns of the Act, and there is no need to supplement the remedies afforded by the bankruptcy itself.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.