In Midland Funding, LLC v. Johnson, 137 S.Ct. 1407 (2017), the U.S. Supreme Court held that filing a proof of claim for a debt subject to a limitations defense does not violate the FDCPA, at least in the vast majority of states where the statute of limitation does not extinguish the right to payment.

The prospect of attorneys’ fees is often a major factor in strategy and, in particular, settlement.  Defendants sometimes pay more up front just to avoid “running up” plaintiff’s counsel’s fees.  On the flip side, some plaintiff’s counsel may continue to work a low-value case rather than settling, knowing that they may be awarded all of