Center, Inc., 720 F.Supp. 160, Web 1988 U.S. Dist. Lexis 16039
(United States District Court for the Southern District of Alabama)
26.7 Fair Debt Collection Stanley M. Juras was a student at Montana
State University (MSU). During his four years at MSU, Juras took out
several student loans from the school under the National Direct
Student Loan program. By the time Juras left MSU, he owed the
school more than $5,000. Juras defaulted on these loans, and MSU
assigned the debt to Aman Collection Services, Inc. (Aman), for
purposes of collection. Aman obtained a judgment against Juras in a
Montana state court for $5,015 on the debt and $1,920 in interest and
attorneys’ fees. Juras, who at the time lived in California, still refused
to pay these amounts. Subsequently, a vice president of Aman, Mr.
Gloss, telephoned Juras twice in California before 8:00 A.M. Pacific
Standard Time. Gloss told Juras that if he did not pay the debt, he
would not receive a college transcript. Juras sued Aman, claiming that
the telephone calls violated the Fair Debt Collection Practices Act.
Gloss testified at trial that he made the calls before 8:00 A.M. because
he had forgotten the difference in time zones between California and
Aman’s offices in South Dakota. Who wins? Juras v. Aman
Collection Services, Inc., 829 F.2d 739, Web 1987 U.S. App. Lexis
12888 (United States Court of Appeals for the Ninth Circuit)
27.1 Financing Statement C&H Trucking, Inc. (C&H), borrowed
$19,747.56 from S&D Petroleum Company, Inc. (S&D). S&D hired
Clifton M. Tamsett to prepare a security agreement naming C&H as
the debtor and giving S&D a security interest in a new Mack truck.
The security agreement prepared by Tamsett declared that the
collateral also secured:
any other indebtedness or liability of the debtor to the secured party
direct or indirect, absolute or contingent, due or to become due, now
existing or hereafter arising, including all future advances or loans
which may be made at the option of the secured party.