Alexander et al v. Liberty Acquisitions Servicing, LLC

Filing 37

ORDER re hearing on 36 Order on Motion for Summary Judgment, It is ORDERED the plaintiffs 22 motion for summary judgment is denied, the defendants 21 motion for summary judgment is granted and judgment shall enter for the defendant dismissing this civil action and awarding costs, by Judge Richard P. Matsch on 3/25/2015. (evana, )

THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 14-cv-00150-RPM
SEAN ALEXANDER and
CINDY ALEXANDER,
Plaintiffs,
v.
LIBERTY ACQUISITIONS SERVICING, LLC,
Defendant.
_____________________________________________________________________
ORDER GRANTING SUMMARY JUDGMENT FOR DEFENDANT
_____________________________________________________________________
Pursuant to the hearing held today and the oral recitation of undisputed facts and
the finding and conclusion that the writ of garnishment issued while a default judgment
“remained standing” as a result of County Court Judge Walter’s ruling on April 13, 2012,
that service was defective but the defendant failed to provide a legal defense to the
plaintiff’s claims. The plaintiffs’ contention is that counsel for the defendant should have
recognized that order in error and should have refrained from proceeding with collection
efforts because counsel should have known the judgment was void. There is no
violation of the Fair Debt Collection Practices Act. It is therefore
ORDERED the plaintiffs’ motion for summary judgment is denied, the
defendant’s motion for summary judgment is granted and judgment shall enter for the
defendant dismissing this civil action and awarding costs.
Dated: March 25th, 2015
BY THE COURT:
s/Richard P. Matsch
________________________________
Richard P. Matsch, Senior District Judge