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LEE v. JAVITCH, BLOCK & RATHBONE LLP

No. 08-4485.

601 F.3d 654 (2010)

Norma LEE, Plaintiff-Appellee, v. JAVITCH, BLOCK & RATHBONE LLP, Defendant-Appellant, United States of America, Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided and Filed April 13, 2010.

Attorney(s) appearing for the Case

ARGUED: Michael D. Slodov, Javitch, Block & Rathbone LLP, Cleveland, Ohio, for Appellant. Stephen R. Felson, Law Office, Cincinnati, Ohio, for Appellee. Howard S. Scher, United States Department of Justice, Washington, DC, for Intervenor. ON BRIEF: Michael D. Slodov, Javitch, Block & Rathbone LLP, Cleveland, Ohio, for Appellant. Stephen R. Felson, Law Office, Cincinnati, Ohio, Steven C. Shane, Steven C. Shane, Attorney at Law, Bellevue, Kentucky, for Appellee. Howard S. Scher, Michael S. Raab, United States Department of Justice, Washington, DC, for Intervenor.

Before: MARTIN, ROGERS, and COOK, Circuit Judges.

OPINION

ROGERS, Circuit Judge.

Javitch, Block & Rathbone (JB & R) represented a client who attempted to collect a credit card debt from Norma Lee. After obtaining a default judgment in state court against Lee, JB & R attorney Victor Javitch filed for a non-wage garnishment of Lee's bank account. To do so, Javitch signed and filed a required affidavit stating that he had a "reasonable basis to believe that [Lee's Bank] may have property, other...

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