Gates

Gates v. MCT Group, Inc.

Good Law
93 F. Supp. 3d 1182·2015 WL 1349985·2015 U.S. Dist. LEXIS 41223
United States District Court, Southern District of CaliforniaMarch 13, 2015Case No. 13cv2611-MMA (DHB)California5,012 words

Opinion

Lead Opinion

Anello, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT;

DENYING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

Plaintiff Kathleen D. Gates brings this fair debt collection action against Defendants MCT Group, Inc. and the Law Offices of Peter W. Singer. The parties have filed motions for summary judgment. See Doc. Nos. 21, 35. For the reasons set forth below, the Court GRANTS IN PART and DENIES IN PART Defendants’ motion and DENIES Plaintiffs motion.

*1184 Background

The following facts are not reasonably in dispute. 1 Plaintiff Kathleen Gates incurred a debt to San Diego County Credit Union based on the use of a personal credit card. Plaintiff fell behind on the debt payments. The credit union assigned the debt to Defendant MCT Group, Inc. (“MCT”) for collection. MCT retained Defendant Law Offices of Peter W. Singer (“Singer”) to file suit in state court against Plaintiff on MCT’s behalf. Ultimately, the state court entered a default judgment against Plaintiff in favor of MCT and a writ of execution was issued.

Plaintiff receives benefits from the Social Security Administration via direct deposit into a checking account with Wells Fargo Bank.…

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