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143665P.pdf 03/29/2016 Greg Hageman v. Dennis Barton, III
U.S. Court of Appeals Case No: 14-3665
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Melloy, Author, with Murphy and Smith, Circuit Judges]
Civil case - Fair Debt Collection Practices Act. In his complaint
plaintiff does not seek relief from either the underlying Missouri
judgment or the Illinois garnishment order but, rather, alleges statutory
violations seeking statutory penalties based on defendant's actions in the
process of obtaining the judgment and the garnishment order,and the
Rooker-Feldman doctrine does not apply; because equitable tolling does not
apply, all of plaintiff's Fair Debt Collection Practces Act claims
directed towards conduct that preceded the Illinois garnishment
proceedings are time barred; 15 U.S.C. Sec. 1692i's venue restriction does
not apply to the simple act of registering a foreign judgment in Illinois
or to proceedings pursuant to Illinois law to obtain a garnishment order
against a debtor's employer; however, the district court erred in
dismissing claims that allege independent violations in the Illinois
action related to the identity of defendant's client and the amounts of
interest and costs asserted; remanded for further proceedings, including
proceedings on the discretionary dismissal of plaintiff's state law
claims.