Home
Public Forum
Credit Reports
Apply For Cards
Credit Directory
Credit Overview
Credit Problems
Credit News
International
Credit Glossary
Purchase Books
Credit Laws
Business Credit
Merchant Accts
   

Re: Just a note on SoL's


[ Follow Ups ] [ Post Followup ] [ Credit Forum Index ]

Posted by lawguy (151.205.69.193) on March 07, 2003 at 09:41:47:

In Reply to: Re: Just a note on SoL's posted by WHY CHAT on March 06, 2003 at 14:48:24:

That still has nothing to do with application of the proper SOL.

But anyways,

FDIC and FTC interpretations of the statute are of no legal effect. They are not branches of the judiciary charged with the duty of interpreting the law.

First, the plain language of 15 USCA 1692a indicates that generally, original creditors are not debt collectors under the FDCPA.

Second, look at the recent 7th Circuit decision in Nielson v. Dickerson, 307 F.3d 623 at 634 (2002) (Nielson and class were represented by Edelman/Combs):

"Because the FDCPA defines a "debt collector" as a person who endeavors to collect the debts owed to "another," 15 U.S.C. § 1692a(6), creditors who are attempting to collect their own debts generally are not considered debt collectors under the statute. Aubert, 137 F.3d at 978. However, pursuant to the "false name" exception to this exclusion, a creditor will be deemed a debt collector if "in the process of collecting his own debts, [the creditor] uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts."

The Circuit Court clearly recognized that original creditors collecting their own debts are not governed by the FDCPA as debt collectors, unless certain exceptions apply. Given the language of the statute, it would be a stretch for any court to find that an original creditor is per se a debt collector.

As such, the venue provisions of the FDCPA will not apply to an original creditor collecting its own debts. Venue will be determined by state court rule, or by the default venue provisions of Title 28 USCA for federal courts.

But again, has nothing to do with SOLs.


Follow Ups:



Post a Followup

Name:
E-Mail:

Subject:

Comments:

Optional Link URL:
Link Title:


[ Follow Ups ]   [ Post Followup ]   [ Credit Forum Index ]

 

    Top Of Page

  

Copyright © 1999-2002 Enkephalos Web Design