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charges. After Rent-A-Center recovered the furniture, Givens sued the
company, claiming that the agreement she had signed violated the
Consumer Leasing Act. Who wins? Givens v. Rent-A-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: