Simmonds & Narita, LLP

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Nevada federal district court grants motion to dismiss by Simmonds & Narita law firm client on claims under the FDCPA based on the alleged failure to comply with state garnishment rules

The plaintiff failed to pay his HOA dues on a property in Arizona and, thereafter, an Arizona state court entered judgment against him for the unpaid amount.  The plaintiff allegedly moved to and began earning wages in Nevada.  The defendant sought to enforce the judgment against the plaintiff’s employer who maintained a registered agent for service in Arizona.  The plaintiff alleged the defendant violated the FDCPA by failing to comply with Nevada’s rules for enforcing judgment.  The court granted the defendant’s motion to dismiss.  The court held that the plaintiff had not demonstrated the defendant was required to comply with Nevada law, because there was no allegation that the defendant sought to enforce the judgment in Nevada.



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