Requesting Attorneys’ Fees In Court Summons Does Not Misrepresent Amount Of Debt


The U.S. District Court for the Eastern District of Tennessee recently held that that a debt collector’s civil court summons requesting “reasonable attorney fees” does not violate the Fair Debt Collection Practices Act. In Wilma Jones et al. v. Hospital of Morristown (Case No. 2:16cv13, 2016 LEXIS 153869 (E.D. Tenn. Oct. 6, 2016)), the plaintiff argued that the defendant hospital violated the FDCPA by using unfair and unconscionable methods to collect the debt she owed. Jones owed the hospital for services it had rendered for her. The hospital filed a civil summons in state court to collect the debt she owed and attached an affidavit with the amount owed.