Schmitt v. Fma Alliance

[TO BE PUBLISHED] Submitted: November 19, 2004 Paul J. Schmitt incurred a debt to First Bank U.S.A. (""First Bank""). He failed to pay the debt and he retained an attorney named William Michelson. Michelson informed First Bank that he represented Schmitt on January 10, 2001, and again on April 5, 2001. In both notices, Michelson advised First Bank that Schmitt was unable to pay the debt, that Schmitt was advised of his Chapter 7 bankruptcy rights, and that First Bank should advise its collection agency of Schmitt's representation. Sometime after receiving Michelson's second notice, however, First Bank transferred Schmitt's account to the Defendants (collectively, ""FMA"") to collect from Schmitt. Thereafter, on July 9, 2002, FMA sent a letter directly to Schmitt seeking immediate payment, warning that interest will accrue on his account, and naming First Bank as the creditor.