Currier v. First Resolution Investment Corp.

762 F.3d 529 (2014)

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Currier v. First Resolution Investment Corp.

United States Court of Appeals for the Sixth Circuit
762 F.3d 529 (2014)

  • Written by Jody Stuart, JD

Facts

Roslyn Currier (plaintiff) sued First Resolution Investment Corp. (Resolution) (defendant), a debt collector, in federal district court, alleging that Resolution had violated the Fair Debt Collection Practices Act (the act). Previously, in 2012, Resolution had brought an action in Kentucky state court against Currier to collect a charged-off credit card debt. After Currier’s counsel failed to appear at a hearing, default judgment was entered by the state court. Currier filed a motion to vacate the default judgment. As of the date of that filing, the judgment against Currier was not final, because under Kentucky law the motion to vacate rendered the judgment nonfinal. Resolution then filed a judgment lien against Currier’s home. The lien was invalid because, under Kentucky law, a judgment lien can only arise from a final judgment. On October 29, 2012, a state judge granted Currier’s motion to vacate the default judgment. Resolution held the invalid lien for a month before releasing it. In the subsequent federal lawsuit, Currier claimed that Resolution’s invalid lien violated the act. The district court dismissed Currier’s claim. Currier appealed.

Rule of Law

Issue

Holding and Reasoning (Stranch, J.)

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