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UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHINGTON, D.C.
20580
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Division of Credit Practices
Bureau of Consumer Protection
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August 12, 1993
Mr. Larry L. Evans
President
Evans Receivables Management, Inc.
1107 West Avenue, Suite D
Confers, GA 30207
Dear Mr. Evans:
This is in reply to your letter of June 23, 1993 concerning whether
the collection of filing fees for cases filed by the state for
non-payment of child support is covered by the Fair Debt Collection
Practices Act, 15 U.S.C. §§ 1692 et seq.
The answer to your question turns on whether filing fees can
be considered "debts" under Section 803(5) of the Act,
15 U.S.C. § 1692a(5), which defines a "debt" as:
any obligation of a consumer to pay money arising out
of a transaction in which the money, property, insurance or
services which are the subject of the transaction are primarily
for personal, family or household purposes . . ..
The purpose of a filing fee in this circumstance is presumably
to reimburse the county for costs associated with filing a case.
Such a purpose does not appear to be consistent with the requirement
that there be a "transaction" and that the subject of
the transaction (filing fees) be related to personal, family or
household concerns. Here, there was no "transaction"
as such and filing fees, standing alone, are not related to personal,
family or household concerns. This is so even though the underlying
reason for the filing fees (child support) could be so related.
It is our understanding that you are not proposing to collect
child support directly but only the filing fees associated with
child support cases.
Thus, we do not believe that the collection of filing fees falls
within the parameters of the Act.
I hope this has been helpful.
Sincerely,
John F. LeFevre
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