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Amour v. Collection Professionals Inc.

Supreme Court of Montana

June 2, 2015

SHANNON AMOUR, Plaintiff and Appellant,
v.
COLLECTION PROFESSIONALS, INCORPORATED, and NANCY SMITH dba CHOICES FOR CHANGE COUNSELING, Defendants and Appellees

Submitted on Briefs: April 8, 2015.

Released for Publication: June 18, 2015.

APPEAL FROM: District Court of the Fourth Judicial District, In and For the County of Mineral, Cause No. DV 12-24, Honorable Karen Townsend, Presiding Judge.

For Appellant: Terry A. Wallace, Attorney at Law, Missoula, Montana.

For Nancy Smith, dba Choices for Change Counseling, Appellees: Matthew L. Erekson, Collection Professionals, Inc., Missoula, Montana; Elizabeth W. Lund, Moore, O'Connell & Refling, P.C., Bozeman, Montana.

BETH BAKER. We concur: MIKE McGRATH, JIM RICE, LAURIE McKINNON, PATRICIA COTTER. Justice Beth Baker delivered the Opinion of the Court.

OPINION

Page 72

[379 Mont. 345] Beth Baker, Justice.

[¶1] Shannon Amour sued Collection Professionals, Inc. (CPI) and Nancy Smith after CPI sought to collect Amour's bill for Smith's services as guardian ad litem (GAL) during Amour's marriage dissolution proceedings. The Fourth Judicial District Court, Mineral County, entered summary judgment in favor of CPI and Smith. Amour appeals. The dispositive issues on appeal are:

1. Whether the District Court correctly awarded summary judgment to CPI on Amour's Fair Debt Collection Practices Act claim because CPI was not attempting to collect a debt regulated by that statute.
2. Whether the District Court correctly awarded summary judgment to Smith.
3. Whether the District Court correctly awarded CPI $7,408.70 in damages plus interest.

[¶2] We affirm.

PROCEDURAL AND FACTUAL BACKGROUND

[¶3] In 2007, Amour filed for dissolution of her marriage. On January 24, 2008, the court handling the action entered an order naming Smith as GAL for Amour's children during the pendency of the dissolution proceedings. The order specified ...


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