This case brought by Ray Johnson when he was in law school alleges an apartment rental where the landlord failed to disclose a cockroach infestation in violation of the Iowa Landlord Tenant Act and the implied warranty of habitability. This case is still relevant today as many tenants find themselves in rental units with undisclosed cockroach or bedbug infestations. Both cockroaches and bedbugs can materially affect health or safety and can cause the loss of property that must be trashed or risk spreading the bugs to a new home or apartment.
This case discusses issues related to police involvement in depriving tenants or consumers of property. Police officers frequently assist landlords and repo agents in evictions or car repos. Without a court order, a police officer cannot take sides in an eviction or a car repo. They may, however, be present to keep the peace. If you are in a situation where a police officer is illegally siding with a landlord or repo agent, do exactly what the police officer asks of you and deal with the situation later by contacting a qualified attorney. Make it clear you will do whatever you are told to do, but the eviction or repo is being done without your consent.
Garnishment of Social Security funds from a bank account after collector is on notice the bank account only contains exempt Social Security funds can be an unfair debt collection violation.
Damage award for an illegal car repossession with a breach of peace. Uniform Commercial Code (UCC) statutory damages awarded and attorney's fees.
Small claims ruling on credit card collection where court ruled debt buyer failed to meet its burden of proof. Third party debt buyers frequently have difficulties meeting their burden of proof on debts they purchased for pennies on the dollar and for which they have very little documentation of the debt.
Iowa small claims case denying judgment on an alleged credit card debt where collector failed to meet requirements of Iowa law on itemization of the debt and generally failed to prove case.
The Iowa Attorney General has concluded that payday lenders who receive checks from consumers that do not clear cannot threaten criminal prosecution, and it is an unfair debt collection violation if they do. Unfortunately, many payday lenders still threaten criminal prosecution for checks even though they are aware the check will not clear at the time it is written. After all, that is the purpose of the payday loan. The inability to pay back a loan is not a crime. Despite the best of intentions, there are many consumers who experience unexpected financial difficulties, and that is especially true for those obtaining loans from payday lenders
Debt collectors in Iowa argue in their credit card collection lawsuits the statute of limitations on a credit card debt is the ten year statute of limitations for a written contract. The Portfolio Acquisitions case addresses the issue of the proper statute of limitations for the collection of distressed credit card debt. The Illinois Court concluded the five year period for “unwritten contracts” was to be used as the applicable statute of limitations. The ten year period for “written contracts” commonly argued by debt collection agencies did not apply because to qualify as a written contract, all essential contract terms had to be established by documentary evidence without oral testimony. Since debt buyers such as Portfolio Acquisitions can rarely produce the necessary documents at trial, the longer statute of limitations is inapplicable and the appropriate statute of limitations is the shorter five year statute of limitations for oral contracts. The case was briefed and argued by advocates from the National Association of Consumer Advocates.
National Banks commonly fail to register to collect debt in Iowa arguing as National Banks they are not required to comply with laws regulating banks. The Johnson Law Firm has successfully argued National Banks are required to register to collect debt in Iowa and in Chase Bank USA, NA v. David Solberg at least one Iowa Court has agreed.
If you believe your rights as a consumer have been violated, you want collection harassment to stop, a debt collection lawsuit has been filed against you, or if you just want to discuss your situation, the Johnson Law Firm is here to help. Click the above link for a free consultation or call us at (515) 224-7090. You have nothing to lose.