Not only will this article appeal to attorneys but it also highlights the importance of compliance issues that come up every day. In 2014 CFH Investments, L.L.C. was sued for incorrect garnishment calculations that were a result of outdated garnishment forms. It is important to have updated forms as things such as calculating withholdings for a garnishment can change resulting in errors. CFH argued a bona fide error defense stating that their error was unintentional and claiming they had a procedure to prevent such errors. Upon further review by the court it was found that the forms were no longer in use for nearly five years. CFH had also claimed to check current forms and statutes every few months or so, however the court failed to see how such an error could have happened if this procedure was actually in effect. This is a clear violation of the FDCPA. The court found in favor of the Plaintiff and denied the Defendants motion for summary Judgment. Issues like this can be avoided by checking all legal forms to ensure they are up to date. For example, in Michigan we use court generated forms known as SCAO forms that have dates at the bottom indicating when they were last updated. Click the links below to see a sample SCAO form and read more on this case and find out what happened.
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Opens with: Adobe Acrobat
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