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Battaglia Law, PLLC

Battaglia Law, PLLC

Lakewood Ranch Law Firm | Board Certified Real Estate Attorney Joseph B. Battaglia

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Tag Archives: account stated

Conflict Alert: Prevailing consumer in account stated action may not be able to recover attorney’s fees and costs from a losing debt buyer

Does conflict make the world go ’round? No, according to The Stylistics (save a click: according to The Stylistics, people do). But conflict sure keeps things interesting, and it undoubtedly also keeps attorneys and their clients on their toes. In a recent decision,[note]Ham v. Portfolio Recovery Assocs., LLC, 2018 WL 6253294, ___ So. 3d ___Continue reading “Conflict Alert: Prevailing consumer in account stated action may not be able to recover attorney’s fees and costs from a losing debt buyer”

Posted byJoseph BattagliaDecember 7, 2018October 6, 2020Posted inConflict Alert, Debtor-creditor, LitigationTags:1st DCA, 2d DCA, account stated, american rule, attorney's fees, cardholder agreement, conflict, costs, credit card, creditor, debtor, prevailing party

Debt-buyer can be liable to prevailing consumer for attorney’s fees on account stated lawsuit filed over defaulted credit card

In a 2018 case, Florida’s Second District Court of Appeals has held that a consumer who successfully defended a lawsuit filed over a defaulted Amazon.com credit card debt may recover her attorney’s fees from the creditor who did the suing. After retaining an attorney and opposing the debt buyer’s allegations, the debt buyer chose toContinue reading “Debt-buyer can be liable to prevailing consumer for attorney’s fees on account stated lawsuit filed over defaulted credit card”

Posted byJoseph BattagliaSeptember 28, 2018October 6, 2020Posted inDebtor-creditor, LitigationTags:2d DCA, account stated, american rule, attorney's fees, cardholder agreement, costs, credit card, creditor, debtor, prevailing party1 Comment on Debt-buyer can be liable to prevailing consumer for attorney’s fees on account stated lawsuit filed over defaulted credit card

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