U.S. Court of Appeals for the Ninth Circuit, 2015

Alwin Carpenter v. Alessi & Koenig

Alwin Carpenter v. Alessi & Koenig
U.S. Court of Appeals for the Ninth Circuit · Decided December 14, 2015 · Kozinski, Bybee, Christen
623 F. App'x 503

Alwin Carpenter v. Alessi & Koenig

Opinion

MEMORANDUM *

The district court abused its discretion by awarding Alessi & Koenig, LLC (“Ales-si”) $5,843.75 in attorney’s fees.

1. Alessi constitutes a law firm retained by its clients to collect debts in the usual course of its practice. See Nev.Rev. Stat. § 649.020(2)(g). As such, it is exempted from the requirement that it obtain a license from the State of Nevada before collecting claims on behalf of its clients. Id. § 649.075; see also Nev. Dep’t of Bus. & Indus., Fin. Insts. Div., Advisory Opinion Regarding Attorneys Acting as Collection Agencies (2012). 1

2. However, given the ambiguity of the “conducting collection agencies” language in § 649.020(2) and that clarifying guidance from the State was not available until several months after Carpenter filed suit against Alessi, Carpenter’s claim was not brought “without reasonable ground.” Nev.Rev.Stat. § 18.010(2)(b).

3. Additionally, the district court’s order awarding fees to Alessi did not contain the mandated “find[ings]” necessary to support its decision. Id.; see also Rivero v. Rivero, 125 Nev. 410, 216 P.3d 213, 234 (2009).

REVERSED.

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

1

. Available at http://fid.state.nv.us/Advisory Opinion/2012/2012-03-22_OPINION_ AttorneyActingAsCollectionAgency.pdf.

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