legend Posted July 28, 2005 Report Share Posted July 28, 2005 I have searched for threads on JDBers but couldnt find one so I will ask here.I am being told that Asset Acceptance is a JDB and therefore does NOT require license. When they send me their letter to collect and it has the "Mini Miranda" are they then collection companies or still JDBers?How can you look at a black skunk with a white stripe down its back and call it a chicken just because it is walking accross a barnyard! Link to comment Share on other sites More sharing options...
hubbys_nightmare Posted July 28, 2005 Report Share Posted July 28, 2005 Because by Michigan case law they are aren't a CA, but under FDCPA they are. Hence the mini miranda. Link to comment Share on other sites More sharing options...
codename_fortyseven Posted July 28, 2005 Report Share Posted July 28, 2005 Yeah, remember state and federal laws may differ in their interpretation of what a CA is. In some states (michigan) a JDB is NOT considered a CA. Just stick to the Federal statute. Link to comment Share on other sites More sharing options...
legend Posted July 28, 2005 Author Report Share Posted July 28, 2005 I thought FEDERAL law prevailed over STATE law when the FEDERAL law is stricter than the STATE levels?It would seem to me that Michigan is offering better business towards the JDB/CA's than to the consumers?In Michigan now all a CA has to do is buy old debt and they are vualaa a JDB and therefore no need for bond or license. Without these, there is nothing to take away from them for violations? Link to comment Share on other sites More sharing options...
IHateCAs Posted July 28, 2005 Report Share Posted July 28, 2005 Without these, there is nothing to take away from them for violations?Money. Link to comment Share on other sites More sharing options...
hubbys_nightmare Posted July 28, 2005 Report Share Posted July 28, 2005 Sure there is. You just have to be willing to go after them in the federal court systems instead of the state courts. Link to comment Share on other sites More sharing options...
legend Posted July 28, 2005 Author Report Share Posted July 28, 2005 My nearest federal court is 2 hours away lol. Link to comment Share on other sites More sharing options...
IHateCAs Posted July 28, 2005 Report Share Posted July 28, 2005 My nearest federal court is 2 hours away lol.I'm sure you have a state district/superior court in your county. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted July 28, 2005 Report Share Posted July 28, 2005 Don't get hung up on the CA-without-a-license thing. Practicing a business without a proper permit is usually enforceable by the State as a regulatory function anyway. It is more important to remember is that a CA who buys junk debt does not gain the prerogatives ascribed to the OC. If the debt was in default when they bought it, they are still subject to the FDCPA. Link to comment Share on other sites More sharing options...
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