· 9/12/1997
Terrence Newman and Michelle Newman v. Boehm, Pearlstein & Bright, Limited, David J. Riter and Kathy Riter v. Moss & Bloomberg, Limited
Citations
- 119 F.3d 477
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that past-due homeowners’ assessments qualify as “debts” under the FDCPA
- reasoning that the FDCPA’s definition of “debt” focuses on the “transaction creating the obligation to pay” and the obligation to pay past-due assessments arises from the purchase of the underlying property
- finding that past- due assessments to a homeowners association could be considered a “debt” under the FDCPA because the obligation to pay the assessments arose directly from their personal purchase of a condominium
- homeowners’ assessments are debts within FDCPA because they “directly benefit each household in the development”
- by purchasing condominium, Newmans became obligated at the time of that transaction “to pay any assessments” under “by-laws of their association” and Illinois condominium statute
- obligations to pay past-due condominium association assessments were FDCPA debts because these obligations arose in connection with the purchase of the homes themselves
Source: CourtListener parenthetical corpus (CC0).
Judges: Cudahy, Rovner, Evans
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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