Wednesday, August 5, 2015

“Pay Your F#$king Bill …Don't Be a F#$king Shlub.”


And from these alleged words by a roofer to a lawyer, an FCCPA case was allegedly borne:
Appellant admits he is a lawyer specializing in suing debt collectors under the Florida Consumer Collections Practices Act (the “FCCPA”). Appellant contracted Appellee to put a new roof on his house. The roof was completed, but yet, Appellant would not pay for it. In an effort to collect the debt, the owner of the roofing company allegedly said to Appellant “pay your fucking bill …don't be a fucking shlub.”
Appellant then paid the bill and immediately filed suit under the FCCPA, alleging that Appellee’s collection practices violated the FCCPA, even though he suffered no damages, thereby forcing Appellee to incur unnecessary legal fees.
According to appellee, the trial judge allegedly didn't think much of the suit:
Mr. Shmuely didn't want to pay for his roof and when the roofer used language to emphasize his demand for money, Mr. Shmuely filed a specious lawsuit, even though he had suffered no damage by Appellee’s collection efforts. In his initial brief, Mr. Shmuely tries to portray himself as a victim and the Appellee as a “bully”, but nothing could be further from the truth. The trial judge characterized Mr. Shmuely’s suit as “absurd” stating “this is why people hate lawyers.” [T:14-15]
And then the appeal followed.

Certainly, from a typical South Florida roofer, being called a "f@#king shlub" is pretty mild IMHO.

I get called that at least three times before breakfast (see photo above)!

If anyone has more information on this entertaining suit,  please don't be an effing shlub and pass it along.

1 comment:

Anonymous said...

Shmuely - this is why my people have a bad name. Oy veh.