VonAngel (aka EarthAngel) Posted June 27, 2005 Report Share Posted June 27, 2005 Just 2 questions: Is DV effective against a JDB, considering it now owns the debt & hires a CA to collect on its behalf? Are they even subject to the FDCPA?Pardon me, but I'm just a tad confused on this. Link to comment Share on other sites More sharing options...
divemedic Posted June 27, 2005 Report Share Posted June 27, 2005 Ownership is not sufficient to anoid the FDCPA. It applies to anyone who collects debts owed another. If the account is delinquent at the time the JDB aquires the account, the JDB is a debt collector under FDCPA. Link to comment Share on other sites More sharing options...
VonAngel (aka EarthAngel) Posted June 27, 2005 Author Report Share Posted June 27, 2005 Yes, the account was apparently CO, then sold to Asset. Being so, they are still considered to be a debt collector, am I right? If I am, that means they will still have to be licensed in NC, although they now own the debt?? Link to comment Share on other sites More sharing options...
breathing_easier Posted June 27, 2005 Report Share Posted June 27, 2005 Yes, in the scenario you set forth, Asset is a CA. If NC law requires that a CA be licensed, then Asset must be licensed. Link to comment Share on other sites More sharing options...
KentWA Posted June 29, 2005 Report Share Posted June 29, 2005 Actually it is going to depend on how state law defines a CA. For example in Washington State the law reads such that a JDB is not covered by the State Collection Agencies Act. So Asset does not need a license to operate within the state, HOWEVER they are still bound by the provisions of the FDCPA. Link to comment Share on other sites More sharing options...
DocPC Posted June 29, 2005 Report Share Posted June 29, 2005 How old is this debt? NC has a 3 year SOL. Link to comment Share on other sites More sharing options...
VonAngel (aka EarthAngel) Posted July 1, 2005 Author Report Share Posted July 1, 2005 Actually it is going to depend on how state law defines a CA. For example in Washington State the law reads such that a JDB is not covered by the State Collection Agencies Act. So Asset does not need a license to operate within the state, HOWEVER they are still bound by the provisions of the FDCPA.NC State Law says...§ 58‑70‑15. Definition of collection agency and collection agency business.(a) "Collection agency" means a person directly or indirectly engaged in soliciting, from more than one person delinquent claims of any kind owed or due or asserted to be owed or due the solicited person and all persons directly or indirectly engaged in the asserting, enforcing or prosecuting of those claims.( "Collection agency" includes:(1) Any person that procures a listing of delinquent debtors from any creditor and that sells the listing or otherwise receives any fee or benefit from collections made on the listingHow old is this debt? NC has a 3 year SOL.According to my credit reports, the DOLA is June 2003. So, the SOL isn't up yet. Link to comment Share on other sites More sharing options...
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