Judgment Enforcement and FDCPA - ? for JetX

[Ladynred]

Hey JetX, got a question for ya, and I'm sure you have the answer too

This was found on a judgment enforcement agency's website, in their FAQ:

"How about using a collection service?
A collection service may contact the deadbeat and irritate him to death! They may even place a black mark on his credit report. But, they rarely collect! And with the passage of the FDCPA (Fair Debt Collection Practices Act), the debtor has the right to just tell a third-party debt collector to cease all communications. We, as the legal assignee of record, are not affected by the FDCPA. We can investigate the debtor, locate his assets and seize them to enforce the judgment."

Ok.. so they are claiming that they are not bound by the FDCPA, or it appears that is what they are claiming. I do believe you posted a short time back that your business IS bound by the FDCPA.

So, how is it that the above can be claimed ? Am I mis-reading something ?

Thanks

[JETX]

Gee, that sure does sound familar!!
Except that MY site more accurately states "We, as the legal assignee of record, are not affected by many provisions of the FDCPA."

"So, how is it that the above can be claimed ?"
*** As you can see from the above, I don't necessarily agree with the statement made on the referenced website.

"Am I mis-reading something ?"
*** Nope. The person who has that other site is more likely 'missing something'.

Seriously, there are some judgment enforcers (JE) who have interpreted that the FDCPA does not apply to them as they are the OWNER of the debt and not a "3rd party debt collector" as defined by the FCDPA:
"(6) The term "debt collector" means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another."
The 'key' here is that once the OWNERSHIP of the judgment has been transferred to the JE, he/she is not attempting to collect a debt owed to ANOTHER.

Further, a large number of the judgments themselves are exempt from FDPCA since they are NOT "primarily for personal, family, or household purposes".

[Ladynred]

Thank you Dahhhlink

Ok. If they are the 'legal asignee of record', does that equate ownership, or is it as I believe.. they're just assigned to collect for the judgment creditor - as a debt collector ?

In this case, the JE company (in CA), IS pursuing for a credit-type debt. The big problem is that the woman being harrassed is the mother of the person who's debt it is. The JE 'attorney' sent the mother a letter that clearly expects HER to pay her daughter's debt and makes some nasty not-so-veiled threats. The daughter IS an adult, well over 21. They're trying to get at the daughter thru the Mother, giving 'mom' all the details of daughter's debt and nearly demanding that MOM 'take care of this matter'.

Their letter gives the '30 days to dispute' paragraph, but then the 'lawyer' demands payment in 10 days or less 'or else', and makes no bones about what that 'or else' is.

Obviously, 'MOM' is pissed, I would be too.

[JETX]

"Ok. If they are the 'legal asignee of record', does that equate ownership, or is it as I believe.. they're just assigned to collect for the judgment creditor - as a debt collector?"
*** That is a common misconception.... even for some in the JE business. Some do not understand the terminology used in law, and what 'assignment' really means.
assignment
n. the act of transferring an interest in property or some right (such as contract benefits) to another. It is used commonly by lawyers, accountants, business people, title companies and others dealing with property.

In this case, the term is used to describe the transfer of ownership of the judgment itself from the OJC (Original Judgment Creditor) to the new owner.

"In this case, the JE company (in CA), IS pursuing for a credit-type debt. The big problem is that the woman being harrassed is the mother of the person who's debt it is."
*** I really can't respond to the specific actions being taken by someone else, but can say that the law in most states does allow a JUDGMENT CREDITOR (owner) to include 3rd parties in pursuing the judgment.

"The JE 'attorney' sent the mother a letter that clearly expects HER to pay her daughter's debt and makes some nasty not-so-veiled threats."
*** Again, without knowing what threats you are talking about, I can't say whether the contact is allowed or not.

"The daughter IS an adult, well over 21. They're trying to get at the daughter thru the Mother, giving 'mom' all the details of daughter's debt and nearly demanding that MOM 'take care of this matter'."
*** Again, would require FULL information, but I can say that in California, a judgment creditor can subpoena, depose and perform on OEX (debtors exam) against a related 3rd party.

"Their letter gives the '30 days to dispute' paragraph, but then the 'lawyer' demands payment in 10 days or less 'or else', and makes no bones about what that 'or else' is.'"
*** Certainly sounds like the judgment creditor is aggressive, and maybe overly so. However, in order to determine whether his/her conduct is unreasonable or not allowed would require more facts.

Presumably, this issue is coming from some other forum since it does not look familiar here. And obviously, it is hard to gauge its extent without more direct involvement.

I assume you still have my contact information from our previous contacts. You can certainly contact me directly if you can provide specifics and would like to discuss.

[Ladynred]

Interesting, thanks

I still have your contact info.. I may just be in touch

[HomeGuru]

Hey, what's going on between you two?

[JETX]

And the green-eyed monster of jealousy rears it ugly head!!