United States Fifth Circuit

In an assignee's action seeking to execute on a judgment entered against defendants in favor of the FDIC under the Federal Debt Collection Procedures Act (FDCPA), denial of relief for the assignee is affirmed where: 1) there was no FDCPA debt; 2) thus, under Federal Rule of Civil Procedure 69(a), state law governed execution on the judgment; and 3) under state law, the judgment was dormant and revival was not available.

Appellate Information

• Decided 11/28/2007
• Published 11/29/2007

Judges

• PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before HIGGINBOTHAM, SMITH and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• David D. Pavcek (argued), David Pavek & Associates, Denver, CO, for Movant-Appellant.


• For Appellees:
  
• Mark Hamblin How (argued), How, Freds, Rohde, Woods & Duke, Dallas, TX, for Defendants-Appellees.