Pruden v. CitiMortgage, Inc. et al

Filing 33

ORDER denying without prejudice 16 Motion to Dismiss Plaintiff's Amended Complaint ; mooting 5 Motion to Dismiss for Failure to State a Claim. So Ordered by Judge Steven J. McAuliffe.(jab)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Juliet E . Pruden
v.
Case N o . 12-cv-452-SM
CitiMortgage, Inc. and
Harmon Law Offices, P.C.

ORDER
R e : Document N o . 1 6 , Motion to Dismiss Plaintiff's Amended
Complaint
Ruling: Denied without prejudice. While the pro se complaint
is not as clear as it might b e , it appears to fairly plead a violation
of 15 U.S.C.§1692g(b) in that it is said that the Harmon defendant
failed to cease collection of the debt after notification that the
debt was disputed "until the debt collector obtains verification of
the debt or a copy of the judgment, . . . and a copy of such
verification or judgment . . . is mailed to the consumer by the debt
collector" in that Harmon continued to collect the debt in August
of 2012, not having complied with subsection ( b ) . And, the previous
motion to dismiss (document 5 ) is moot in light of the amended
complaint.

Date:

March 8 , 2013
Steven J. McAuliffe
United States District Judge