United States District Court, D. Minnesota
Bauer, Fields Law Firm, appeared for Ruth Olson.
Derrick N. Weber and Stephanie Shawn Lamphere, Messerli &
Kramer, P.A., appeared for Messerli & Kramer, P.A.
N. ERICKSEN UNITED STATES DISTRICT JUDGE
Olson brought this action against Messerli & Kramer, P.A.
(“Messerli”) for violations of the Fair Debt
Collection Practices Act (“FDCPA”). Messerli
moved to dismiss Olson's complaint. For the reasons set
forth below, that motion is granted.
prior to December 2016, Olson defaulted on a debt to Barclays
Bank in the amount of $917.05. That debt was assigned to
Midland Funding for collection. Midland then hired Messerli
to assist in the collection of the alleged debt, which stood
19, 2017, Olson called Messerli. Olson told the Messerli
phone representative that she was calling “to get more
information” about her alleged debt and to ask about
her upcoming conciliation court trial in Washington County.
Compl. ¶ 12; ECF No. 1-1 at 5. She also mentioned
“trying to work out a settlement.” ECF No. 1-1 at
5. According to a transcript of that call attached to
Olson's complaint, the representative's response and
the ensuing exchanges were as follows:
MESSERLI REP: OK, I'll be able to assist you with that.
The hearing is set for June 8, 2017 at 9:00, where the
judgment will be entered, if it's not paid in full, and
if you were to pay it in full today, the hearing cannot be
stopped, however, what they would do is order the judgment
and show that it was paid. Um, satisfied. So, um, are you
able to pay the full $999.05?
OLSON: No, no I'm not, so that's why I was calling,
to get the documentation, for one, to show, you know, why I
owe this $917, and what is this settlement agreement…
REP: We don't do settlements on those balances. It is a
payment in full, but let me see what I can…
OLSON: Jupiter? Credit card? Jupiter?
REP: Mmhmm. Let me see if I can offer you more. We are
limited, so um, I can tell you that it was opened on August
7, 2009. The last time a payment was made was February 28,
2014, in the amount of $20.00, and it was charged off to our
clients on October 30, 2014 for the $917.05. And then our
client retained us, and placed it with us, on 12/5/2016. The
$82 additional cost is because we have requested a hearing.
They charge us, so that goes back on to your balance. And
when we get charged, it automatically goes on to your
OLSON: OK, so you say there is no settlement agreement,
because that's what they sent me in the mail, they told
me that this is what, you know, before, something that I need
REP: What we can do, an option, um that is available to you,
it is our firm's policy, anything other than a payment in
full, we have to go through a brief financial statement,
basically what I would be asking you is your income versus
your expenses, and then we can determine what a monthly
repayment option would be.
OLSON: OK, well I just wanted to check in with you and get
this information before I get back to my attorney. I