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Moran v. Greene & Cooper Attorneys LLP

United States District Court, S.D. Indiana, Indianapolis Division

September 4, 2014

PATRICK MORAN, Plaintiff,
v.
GREENE & COOPER ATTORNEYS LLP, Defendant

Page 908

For PATRICK MORAN, Plaintiff: Michael Anthony Eades, John Thomas Steinkamp, JOHN STEINKAMP AND ASSOCIATES, Indianapolis, IN.

For GREENE & COOPER ATTORNEYS LLP, Defendant: Charlie William Gordon, GREENE & COOPER PSC, Louisville, KY.

Page 909

ORDER DENYING DEFENDANT'S MOTION TO DISMISS

SARAH EVANS BARKER, United States District Judge.

This cause is before the Court on Defendant's Motion to Dismiss for Failure to State a Claim [Docket No. 9], filed on November 21, 2013 pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons set forth below, the motion is DENIED.

Factual Background

We read the limited facts available to us at this stage in a light most favorable to Plaintiff as the non-moving party. Plaintiff Patrick Moran is an Indiana citizen residing in the Southern District of Indiana. Compl. ¶ 8. Defendant Greene & Cooper Attorneys, LLP (" Greene & Cooper" ) acts on behalf of a collection agency or debt purchaser, and this suit arises out of Defendant's attempt to collect a debt Plaintiff owed to a third party.

Moran was sued by Asset Acceptance, LLC in Marion County Superior Court, cause number 49D12-1211-CC-043219, on November 7, 2012.[1] Def.'s Br. 1; see also Pl.'s Ex. 3.[2] Asset Acceptance, LLC was represented by Greene & Cooper in that matter. See Def.'s Ex. 1. Default was entered against Moran on January 2, 2013, and the Marion Superior Court entered a judgment against Moran in the amount of $7,213.57. Pl.'s Ex. 3; Compl. ¶ 27.

Page 910

Moran's claim here stems from a communication that Defendant sent him in an attempt to collect the debt associated with this state court judgment--a letter dated February 14, 2013. The letter, which Moran has attached to his complaint, contains the following heading:

RE: Account of Patrick Moran with Unknown CASE #: 49D12-1211-CC-043219[3]

Pl.'s Ex. 3.[4] The body of the letter states as follows:

Dear Mr. Moran:
I am employed by the law firm named on this letterhead. As you are aware, our firm has been retained by Unknown to collect the above referenced account.
Judgment was entered against you on January 2, 2013, for the sum of $7,213.57, plus Interest which is continuing to accrue. As of the date of this letter, the current balance of your account is $7,446.56.
In order to resolve this matter, you must contact our office immediately to make arrangements on this account. Contact our office today to do a check by phone or discuss additional payment methods.
We will have no choice but to proceed with additional steps to collect this judgment if arrangements are not made. Interest is accruing on this account and the balance will continue ...

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