Is a company that purchases debt for its own account a 'debt collector' as defined under the

There are companies that purchase debt for a minimal amount and then try to collect the debt for its own account. Suppose that company uses collection practices that would violate the Fair Debt Collection Practices Act (FDCPA). Could you file a lawsuit against that company for its collection practices if you could prove that they violated the FDCPA? Moreover, would a company that purchases debt for its own account, and attempts to collect on that debt be considered a 'debt collector' as defined under the FDCPA? The U.S. Supreme Court in Henson v. Santander Consumer USA Inc., 582 U.S._____ (2017), rendered a slip opinion on that very same issue. The Court focused its analysis on the ter

DOES THE FILING OF A TIME BARRED DEBT IN A CHAPTER 13 BANKRUPTCY VIOLATE THE FAIR DEBT COLLECTIONS P

The U.S. Supreme Court addressed an issue that arose in a chapter 13 case of whether the filing of a proof of claim that is 'obviously time barred debt' violates the Fair Debt Collections Practice Act. In a slip opinion cited as Midland Funding, LLC v. Johnson, 581 U.S. ____ (2017), the Court held that the debt collector's mere filing of a proof of claim on a stale debt is not a 'false, deceptive, misleading, unfair, or unconscionable debt collection practice within the meanings of the Fair Debt Collection Practices Act' (i.e. FDCPA). Michigan law has a statute of limitations on debt collections via lawsuit that is six years MCL 600.5807(8) . In a chapter 13 proceeding, if a creditor file

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