Pace v. Link Debt Recovery
Pace v. Link Debt Recovery, 2024 UT App 4 (Harris, J.)
Civil Procedure
Link initiated several debt collection lawsuits against different Debtors. In the complaints filed against each Debtor, Link asserted that it was “operating pursuant to the laws of the State of Utah” and eventually won judgments against Debtors. Later, Debtors filed a lawsuit alleging that the company was not properly registered and bonded as a debt collector as was required by then- applicable Utah law—a fact contested by Link. The district court granted Link’s motion to dismiss. The Utah Court of Appeals reversed the ruling, holding:
- The district court could not properly dismiss the suit because Debtors had raised a discoverable factual question that could not be decided at this stage of litigation.
