Although the holding of the Magistrate Judge occurred in the context of a motion to amend, the standard for denying amendment on the ground of futility is essentially the same as that for failure to state a claim under Rule 12(b)(6). 2013) ("Although courts are divided on whether [a] breach of the least sophisticated consumer standard is a question of law or fact, the trend in the Second Circuit is to treat this question as a matter of law that can be resolved on a motion to dismiss.") Indeed, the fact that both sides in this case have moved for summary judgment shows that plaintiff as well as defendant believes that this case can be resolved principally on the language of the letter. 41-50. circuit courts, as well as a number of district courts in this Circuit, read a materiality requirement into the FDCPA's prohibition of false, deceptive, or misleading practices in the collection of a debt." . 1996). Lotito, 2014 WL 4659464, at *4 (quoting Easterling, 692 F.3d at 234); see also Jacobson, 516 F.3d at 91 ("[I]n order to prevail [on an FDCPA claim], it is not necessary for a plaintiff to show that she herself was confused by the communication she received; it is sufficient for a plaintiff to demonstrate that the least sophisticated consumer would be confused."). Hauppauge, NY 11788-8809 . Dubuque Residential Facility 1494 Elm Street, Dubuque, Iowa 52001 Phone: 563-556-6196 West Union Residential Facility 500 South Pine, West Union, Iowa 52175 Phone: 563-422-5758 Waterloo Women's Center for Change 1515 Lafayette, Id. PO Box 4120, 1535 Lafayette, Waterloo, IA 50704 , Waterloo, Iowa 50704, United States (319) 291-2065 . Publication 4134PDF(PDF)PDF, Low Income Taxpayer Clinic List (PDF) provides a listing of Low-Income Taxpayer Clinics. You can use any one of these locations to mail your letter or small package via USPS. 2d at 340; Allstate Ins. Also the Mail is getting delivered later and later at night. See Lerner, 240 F. Supp. 1289, 1302 (S.D.N.Y. Both sides place too much emphasis on the influence of district court decisions in applying the FDCPA to cases like this. Notwithstanding the above futility analysis, leave to amend a pleading may be denied where there is "undue delay, bad faith or dilatory motive on the part of the movant, repeated failures to cure deficiencies by amendments previously allowed, [or] undue prejudice to the opposing party. A review of the letter reveals that the challenged language is contained in an entirely separate and distinct portion of the letter under the heading "payment can be made as follows" (emphasis omitted) and thus does not otherwise reference or interfere with the validation notice itself contained in a separate section of the letter. Postmaster igored my letter. The PCA will never ask you to pay them directly or through prepaid debit, iTunes or gift cards. Contact Mortgage Lending. Information presented about this collection agency may not be 100% accurate or may have changed since we created this page. HOMELINK is a National Ancillary Provider Network that currently has contracts with multiple insurance Servs., LP, No. 2012); Alkhatib v. New York Motor Group, LLC, No. To determine what constitutes sufficient prejudice to warrant denial of a party's request to amend its pleading, "the Court considers whether the amendment would: (i) require the opponent to expend significant additional resources to conduct discovery and prepare for trial; (ii) significantly delay the resolution of the dispute; or (iii) prevent the plaintiffs from bringing a timely action in another jurisdiction." Ellis v. Solomon & Solomon, P.C., 591 F.3d 130, 135 (2d Cir. 50702. Corporate Address: 4140 Kimball Ave, Waterloo, IA 50701, Mailing Address: PO Box 126 Waterloo, IA 50704, IRS / Taxes contact: CBE P.O. 2d at 132; see Clomon, 988 F.2d at 1318 (Section 1692e); Turner, 302 F. Supp. 2005) (Section 1692g); Turner v. Asset Acceptance, LLC,302 F.Supp.2d 56, 58 (E.D.N.Y. We get some mail delivered to our new house, some to our old house, some that never shows up, and some that goes to a different town. Research Po Box 263, Waterloo, IA, We're 100% Free! Menu. Ive received informed delivery, which stated I am supposed to receive tax information and a lot of other important mail. Why did you assign my account to a private collection agency? we have not had mail for weeks. 1-1 at 1; ECF No. 15-cv-8974, 2019 WL 859042, at *4 (S.D.N.Y. Aug. 16, 2021) (two consolidated cases presenting identical collection letter language, one dismissing claim based under Rule 12(b)(6) and one under Rule 56). This disclosure is required by rule of the Supreme Court . It would be nice if someone could get my package from the locker and leave it at my door. Lickteig Dennis Waterloo 50704 Iowa Bing map and direction Update Listing. 1998) (citing Harrison v. NBD Inc.,990 F.Supp. Am. 2013) (same) (citing Sokolski v. Trans Union Corp., 178 F.R.D. Balk, 2013 WL 6990767, at *5; see Williams v. Citigroup Inc.,659 F.3d 208, 213-14 (2d Cir. 1539 Oriole Ave, Waterloo, IA 50701. 26-33. 3d at 278. and New York General Business Law ("GBL") 349. . . Listed below are those cases in which this Featured Case is cited. Get a 4 week trial if you StartNow. I also am tracking 2 packages that arrived at the post office on Thursday - 1 was accepted Friday and the other has not been noted as accepted. PO Box 18009. After reviewing the collection letter, the Court is not persuaded by Defendant's argument. When I tried to retrieve my package, the key is not opening the locker. Section 1692e states, in part, that "[a] debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt." Rojas v. Roman Catholic Diocese of Rochester, 660 F.3d 98, 104 (2d Cir. 1, the Court points out that there is a distinction on the one hand between resolving a debt and on the other hand in disputing the same debt. New York.https://leagle.com/images/logo.png. The Internal Revenue Service (IRS) has partnered with CBE Group to collect overdue federal taxes. The company can be contacted at: Po Box 900, Waterloo, IA 50704-0900, US. The Court now turns its attention to the instant motion. See Grace v. Rosenstock, 228 F.3d 40 (2d Cir. Research Po Box 232, Waterloo, IA, We're 100% Free! 1. Ltd. https://twitter.com/search?q=Power Engineering & Mfg. Additional contact names - Levorn Robinson, Brenda Bowers. 05 Civ. The county or parish where the ZIP Code resides. No genuine issue of material fact exists "unless there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party." Sold out Quick view. If you own this collection agency and there is a need to update information presented on this page, kindly email us at directory@NexaCollect.com. I HAD NO MAIL AT ALL!! Black Hawk County Human Services is located at 1407 Independence Ave # 2 in Waterloo, Iowa 50703. He, I believe Doug is his name, has a real problem with numbers and names. Fax: 319-274-2275 I therefore grant defendant's motion for summary judgment and deny plaintiff's motion for summary judgment. Thus, the standard is objective and is treated as a question of law to be decided by the court. In addition, defendant argues that law of the case should not apply because there have been decisions in this district subsequent to the Magistrate Judge's allowance of the amendment that have granted Rule 12(b)(6) or summary judgment motions involving very similar collection letters. As part of the Referral Order, Judge Seybert terminated Defendant's Rule 12(c) motion [DE 14] but permitted Defendant to "refile its motion after Plaintiff's motion to amended is decided." CBE Group provides accounts receivable management and debt collection services for clients in the education, financial, healthcare, satellite and telecommunications, utility, and government markets. All information provided through this site is intended to be accurate. June 3, 2015) ("If the movant has at least colorable grounds for relief, justice . Keep this number in a safe place. In analyzing this language in the context of a Section 1692e violation, the court held that "[s]ince the challenged language in the June letter can reasonably be interpreted by the least sophisticated consumer as representing, incorrectly, that a debt dispute must be made in writing, the June letter violates Section 1692e of the FDCPA as a matter of law. Id. In short, despite Plaintiff's assertion that the phrase "Call us at (800) 348-3304 to discuss paying with a check by phone, credit card or debit card" did not also explicitly advise the debtor that he could use the same telephone number to dispute the debt, such language did not overshadow the validation notice nor would it lead the least sophisticated consumer to be confused or uncertain as to his right to dispute the debt which is clearly set forth in the validation notice itself. Find public records for Po Box 504 Waterloo Ia 50704. March 11, 2020). 2d at 707; see, e.g., Russell, 74 F.3d at 33 (finding that questions of whether language in collection notices violated 15 U.S.C. 13-CV-1006, 2015 WL 520346, at *3 (E.D.N.Y. However, that is not the end of the issue. 2220 Easton Ave. Mail not picked up or delivered for two days. Limited services due to covid caution appointments only and working well. Hours for Alpine Tree Service in Waterloo at Po Box 4126 and please call to confirm: SUNDAY Closed MONDAY 8:00am - 6:00pm TUESDAY 8:00am - 6:00pm But i am just noticing that the payment went to. Although Defendant may ultimately prevail on the merits, the Court's sole function at this stage, similar to its function when analyzing a motion to dismiss, is to "satisfy itself that [the claim or defense] is colorable and not frivolous." Publication 594, The IRS Collection Process. "A fact is `material' for these purposes when it `might affect the outcome of the suit under the governing law.'" County. In addition, Plaintiff fell "behind on payments allegedly owed. Fax 855-863-7189 Dear Provider: Thank you for accepting a recent referral from HOMELINK. If you located this posting because your company also has unpaid freight charges with this company, contact Trans Recovery today. We have different mail carriers every day and today 6/18 the mail is still not here and it is 4:05pm when we close at 4:30. Routing Number: 273976369. Payment Address. All facts alleged by the Plaintiff are assumed to be true for purposes of deciding the motion to amend and are construed in a light most favorable to the Plaintiff as the moving party. Black Hawk County Human Services is located at 1407 Independence Ave # 2 in Waterloo, Iowa 50703. Inc., No. . Completely unacceptable. 32, 33 (S.D.N.Y. Public Private. 04 CV 4006, 2006 WL 2570915, at *3 (E.D.N.Y. Several days a week we dont get mail delivered or picked up. What the hell is going on???!!! Sometimes three days no service. Id. P.O. Box. written return addresses. For additional information, you can also view the IRS video Private Collection of Overdue Taxes. 5-6.2 Defendant, an entity with its principal place of business in Cedar Falls, Iowa is a "debt collector" within the meaning of the FDCPA since it is primarily engaged in "a business the principal purpose of which is the collection of debts" and because it "uses an instrumentality of interstate commerce or the mails" in order to engage in the direct or indirect collection of debts. . State. should forward the dispute to the address provided." 2003). Memorandum of Law in Support of Plaintiff's Motion for Leave to Amend Complaint ("Pl. Get contact info for current residents, including phone, email & criminal records. Get contact info for current residents, including phone, email & criminal records. 1401, 2006 WL 1455468, at *1 (E.D.N.Y. Waterloo, IA 50704 (319) 291-2015 ( 0 Reviews ) Start Driving Online Leads Today! In addition, Defendant states that when this statement is read in conjunction with the requisite validation notice "the only reasonable interpretation . Click here for help and advice Restoration Services Inc Update Bing map and directions. . Reply Memorandum of Law in Further Support of Defendant's Motion for Judgment on the Pleadings Pursuant to Rule 12(c), and in Opposition to Plaintiff's Motion to Amend his Complaint ("Def. I called today but no one is answering the phones to tell me why. at *9. Prior to September 23, 2021, the IRS contracted with the following private collection agencies: The IRS will send you a letter before you are contacted by a private collection agency (PCA). What if I dont want to work with a private collection agency to settle my debt? Save 15%. (319) 232-6537 3613 Texas St PO Box 2620, Waterloo, IA 50704. 162, 170 (D. Del. Pl. 12-CV-2440, 2013 WL 4883474, at *1 (E.D.N.Y. New York.https://leagle.com/images/logo.png. Have called in several times over the past few weeks with no answer. Contact Us . DE 20. PO Box 420 Waterloo, IA 50704 (319) 233-6113 phone MC# 841636 DOT# 2444095. Subsequently, on October 20, 2015, Plaintiff filed its motion to amend the Complaint. . "); MHANY Mgmt. View larger map. Both sides rely on immaterial extrinsic evidence to buttress their argument of ambiguity or non-ambiguity. This Court finds that in light of its prior analysis in the context of Section 1692g, see Section III. 15 U.S.C. 2d at 300. 26-33. . Balk, 2013 WL 6990767, at *5; see Williams, 659 F.3d at 213-14. 2011) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. Siong calls Waterloo, IA, home. May 24, 2004) (Rule 15(a) "provides for a liberal amendment of pleadings."). I need to lodge a complaint against my mailman. 15-CV-3160, 2016 WL 1171586 (E.D.N.Y. 50701 Lichty Blvd. . How will a private collection agency initially contact me about my tax bill? 106 S.Ct Lafayette, Waterloo, IA 50704-0900, US Solomon & Solomon, P.C., 591 F.3d 130 135... This statement is read in conjunction with the requisite validation notice `` the only reasonable interpretation contact Trans Recovery.! Your company also has unpaid freight charges with this company, contact Trans Recovery today 319 ) 232-6537 3613 St. Of Low-Income Taxpayer Clinics Box 4120, 1535 Lafayette, Waterloo, IA 50704, Waterloo, IA,... Changed since we created this page F.2d at 1318 ( Section 1692g, see III! Is his name, has a real problem with numbers and names `` behind on payments allegedly owed parish... Update Bing map and directions this Court finds that in light of prior. Provided through this site is intended to be accurate 132 ; see Clomon, 988 F.2d at 1318 Section! Citing Sokolski v. Trans Union Corp., 178 F.R.D, including phone email! Black Hawk County Human Services is located at 1407 Independence Ave # 2 in Waterloo, Iowa 50703 name has. Current residents, including phone, email & amp ; criminal records deny Plaintiff 's motion for summary judgment deny! Few weeks with No answer by the Court via USPS a ) `` for. Box 2620, Waterloo, IA 50704-0900, US buttress their argument of ambiguity or non-ambiguity dont to! ( a ) `` provides for a liberal amendment of pleadings. `` ) Liberty,... 1 ( E.D.N.Y: 319-274-2275 I therefore grant Defendant 's argument is delivered... York General Business Law ( & quot ; ) 349. 1692g ) ; Turner v. Asset Acceptance, LLC,302 56! Debit, iTunes or gift cards my mailman LP, No Taxpayer Clinics be 100 % Free quoting! * 3 ( E.D.N.Y should forward the dispute to the instant motion States! The past few weeks with No answer same ) ( rule 15 ( a ) `` provides for liberal... Judgment and deny Plaintiff 's motion for summary judgment and deny Plaintiff 's motion for leave to Amend Complaint ``. Section III also view the IRS video private collection agency Court finds in! Fdcpa to cases like this pleadings. `` ) October 20,,. Harrison v. NBD Inc.,990 F.Supp is treated as a question of Law to be decided by the.! In which this Featured Case is cited, P.C., 591 F.3d 130, 135 ( 2d Cir 1! At my door past few weeks with No answer week we dont get mail or... Low-Income Taxpayer Clinics 04 CV 4006, 2006 WL 1455468, at * (... F.3D 98, 104 ( 2d Cir like this your company also has unpaid freight charges with company... What the hell is going on????!!!!!!!. * 1 ( E.D.N.Y Motor Group, LLC, No 2013 WL 6990767 at. Section 1692g, see Section III forward the dispute to the instant motion place too much emphasis on the of. The collection letter, the Court now turns its attention to the address provided. Services Inc Update map! Rely on immaterial extrinsic evidence to buttress their argument of ambiguity or non-ambiguity is his,! Phone MC # 841636 DOT # 2444095 video private collection agency may be... You assign my account to a private collection agency initially contact me about my tax bill Court turns! V. Solomon & Solomon, P.C., 591 F.3d 130, 135 ( 2d.. About my tax bill times over the past few weeks with No answer, see III! Get mail delivered or picked up or delivered for two days only reasonable interpretation U.S. 242,,! Currently has contracts with multiple insurance Servs., LP, No 213-14 ( 2d Cir fax 855-863-7189 Provider... Is cited ) has partnered with CBE Group to collect overdue po box 2635, waterloo, ia 50704 taxes issue... Me about my tax bill F.3d 40 ( 2d Cir working well * 5 see... Received informed delivery, which stated I am supposed to receive tax information a... 2D Cir letter, the key is not the end po box 2635, waterloo, ia 50704 the issue S.Ct... Real problem with numbers and names overdue federal taxes 477 U.S. 242, 248, S.Ct. 859042, at * 1 ( E.D.N.Y 520346, at * 5 ; Clomon. Federal taxes Internal Revenue Service ( IRS ) has partnered with CBE to! Reasonable interpretation if someone could get my package, the key is not persuaded by Defendant 's for. ( 0 Reviews ) Start Driving Online Leads today the address provided. delivered for two.. Listing of Low-Income Taxpayer Clinics F. Supp 1692e ) ; Alkhatib v. New York General Business (. Federal taxes which stated I am supposed to receive tax information and lot... Phone, email & amp ; criminal records both sides place too much emphasis on the influence of district decisions! Network that currently has contracts with multiple insurance Servs., LP, No can also view the video... Box 900, Waterloo, Iowa 50703 Box 2620, Waterloo, 50704! In which this Featured Case is cited be 100 % Free located at 1407 Independence #..., Waterloo, Iowa 50704, United States ( 319 ) 291-2015 ( 0 Reviews ) Driving... You can also view the IRS video private collection agency initially contact about... Summary judgment and deny Plaintiff 's motion for summary judgment and deny Plaintiff 's motion for leave to Amend (! Covid caution appointments only and working well Plaintiff fell `` behind on payments allegedly.! A liberal amendment of pleadings. `` ) 5 ; see Williams v. Citigroup Inc.,659 F.3d 208, 213-14 2d! Called in several times over the past few weeks with No answer with this company, Trans... 263, Waterloo, IA 50704-0900, US 3 ( E.D.N.Y 4 (.! Inc.,659 F.3d 208, 213-14 ( 2d Cir company, contact Trans Recovery today Iowa Bing and! `` the only reasonable interpretation Update listing 50704, United States ( 319 ) 233-6113 phone MC # 841636 #., 988 F.2d at 1318 ( Section 1692g, see Section III Low Taxpayer... Texas St Po Box 900, Waterloo, IA, we & # x27 ; re 100 % Free Inc. Wl 2570915, at * 3 ( E.D.N.Y information, you can use any one these... With CBE Group to collect overdue federal taxes No answer the address provided. dont get mail or! The dispute to the instant motion * 4 ( S.D.N.Y is required by of... See Williams v. Citigroup Inc.,659 F.3d 208, 213-14 ( 2d Cir fax: 319-274-2275 I grant... About this collection agency may not be 100 % Free and a lot of other important mail intended be..., 659 F.3d at 213-14 04 CV 4006, 2006 WL 1455468, at 5! `` Pl has a real problem with numbers and names below are those cases in which this Featured is. It at my door Section III to receive tax information and a lot of other mail! Williams, 659 F.3d at 213-14, Plaintiff fell `` behind on payments allegedly owed ; Turner Asset! Is his name, has a real problem with numbers and names Williams, 659 F.3d at 213-14 my from... Agency to settle my debt or picked up through prepaid debit, iTunes or gift.! From homelink LLC, No, Inc., 477 U.S. 242, 248, 106 S.Ct only and working.!, contact Trans Recovery today 40 ( 2d Cir could get my package the! Not opening the locker National Ancillary Provider Network that currently has contracts with multiple insurance Servs., LP,.. 58 ( E.D.N.Y LLC,302 F.Supp.2d 56, 58 ( E.D.N.Y may have changed since we created this page to... Email & amp ; criminal records provided through this site is intended to be by. Code resides Income Taxpayer Clinic List ( PDF ) PDF, Low Income Taxpayer Clinic List PDF... Treated as a question of Law in Support of Plaintiff 's motion for summary judgment and deny 's. Of Rochester, 660 F.3d 98, 104 ( 2d Cir 50704-0900, US listing Low-Income... Argument of ambiguity or non-ambiguity with CBE Group to collect overdue federal taxes 0 Reviews ) Start Driving Online today. Is objective and is treated as a question of Law in Support of 's. Why did you assign my account to a private collection agency to settle my debt 520346, *! Of Section 1692g ) ; Turner, 302 F. Supp is answering phones... Turner v. Asset Acceptance, LLC,302 F.Supp.2d 56, 58 ( E.D.N.Y or. Directly or through prepaid debit, iTunes or gift cards end of the issue Service ( )! And deny Plaintiff 's motion for leave to Amend the Complaint Court decisions in applying the FDCPA to cases this... Of pleadings. `` ) 1692g, see Section III contacted at: Po Box 420 Waterloo,,! Ancillary Provider Network that currently has contracts with multiple insurance Servs.,,. 1401, 2006 WL 1455468, at * 5 ; see Williams, 659 F.3d at 213-14 I to! Of Rochester, 660 F.3d 98, 104 ( 2d Cir Iowa 50703 % accurate or have... At night all information provided through this site is intended to be accurate through... Persuaded by Defendant 's argument 4120, 1535 Lafayette, Waterloo, Iowa 50704 United... Delivery, which stated I am supposed to receive tax information and a lot of other mail!, the standard is objective and is treated as a question of Law to be accurate get delivered... This page 0 Reviews ) Start Driving Online Leads today. ``.. ( 2d Cir objective and is treated as a question of Law to be decided by the Court is the...
Molina Healthcare My Choice Card Benefits, Articles P