Arizona federal district court grants summary judgment for Simmonds & Narita’s law firm client, dismissing FDCPA claims based on the collection of delinquent homeowner assessments
The U.S. District Court for the District of Arizona granted summary judgment in favor of Simmonds & Narita’s law firm client, rejecting allegations that the firm’s attempts to collect the plaintiff’s delinquent homeowner assessments violated sections 1692e and 1692f of the FDCPA. The court held it was not improper for the firm to seek to enforce a state court judgment that awarded accruing post-judgment attorneys’ fees and costs. Nor was there anything false or misleading about the garnishment proceedings initiated by the firm to enforce the judgment. The court also held that several of the claims against the firm were time-barred and the “continuing violation” doctrine did not apply.