November 7, 2008
Suing Law Students
A former Rutgers law student was sued for alleged failure to pay off student loans. He in turn filed a pro se third-party complaint against the law firm that had initiated the action for alleged violation of the Federal Fair Debt Collection Practices Act. He contended that the proper venue for the original case was where he resided and that the claim had been brought in the wrong jurisdiction. Summary judgment for the firm was reversed by the New Jersey Appellate Court, which found that the initial suit had been brought in the wrong venue. The matter was remanded with instructions to vacate the grant of summary judgment on behalf of the law firm. (Mike Frisch)
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Well, at least we don’t need to worry about the quality of the lawyers that our law schools are turning out today.
This would have gone quite differently in the Commonwealth system. In one of those jurisdictions, the creditor would have concentrated on bringing a bankruptcy petition. Bankruptcy is a disqualifying condition. So not difficult at all to convince a debtor-lawyer that it really is in his best interests to pay his debts.
Posted by: FixedWing | Nov 7, 2008 11:37:18 AM