Dismissal of all claims against attorney in a consumer rights lawsuit.

The plaintiff was named as a defendant in a debt collection action for failing to pay her attorney’s legal bills. Judgment was entered against her but never fully enforced. More than five years later, our client filed a Praecipe to Issue Writ of Revival and then mistakenly filed a Praecipe for Writ of Execution before the judgment was revived by the court. Although the Sheriff’s Sale of the plaintiff’s home never proceeded, she nonetheless sued our client for due process violations, abuse of process, conspiracy, negligence, intentional infliction of emotional distress, and violations of the Fair Debt Collection Practices Act and the Fair Credit Extension Uniformity Act. Most of the claims were dismissed early in the proceedings. Thereafter, we successfully argued in a summary judgment motion that the plaintiff failed to adduce evidence that our client acted in a manner to harass, oppress or abuse her, or that our client engaged in any other activity in violation of the FDCPA or FCEUA. The court agreed and dismissed the plaintiff’s remaining claims.