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TYLER v. DH CAPITAL MANAGEMENT, INC.

No. 13-5021.

DIONTE TYLER, Plaintiff-Appellant, v. DH CAPITAL MANAGEMENT, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 22, 2013.

Attorney(s) appearing for the Case

ARGUED: James McKenzie , PEDLEY & GORDINIER, PLLC, Louisville, Kentucky, for Appellant.

John R. Tarter , MAPOTHER & MAPOTHER, P.S.C., Louisville, Kentucky, for Appellee.

ON BRIEF: James McKenzie , PEDLEY & GORDINIER, PLLC, Louisville, Kentucky, for Appellant.

John R. Tarter , MAPOTHER & MAPOTHER, P.S.C., Louisville, Kentucky, for Appellee.

Before: BOGGS and SILER, Circuit Judges; and DOWD, District Judge.

OPINION

BOGGS, Circuit Judge.

Dionte Tyler brought this action under the Fair Debt Collection Practices Act (FDCPA) and Kentucky's usury laws, alleging that the debt-collection action instituted by DH Capital Management (DHC) sought to collect an amount to which DHC was not legally entitled. The district court dismissed the suit, because it was procedurally barred as not having been raised previously as a counterclaim, and because Tyler's bankruptcy trustee...

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