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Is a CA a debt adjuster if they don't OWN the account?

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Anonymous
Not applicable

Is a CA a debt adjuster if they don't OWN the account?

From what I understand, Missouri's laws are lacking to say the very least.
 
However, I did find one section of the Missouri Statutes that is titled "Debt Adjusters and Collection Agencies"
 
 
On that website it states:

425.010. As used in this chapter, the following terms mean:

(1) "Debt adjuster", a person who acts or offers to act for a consideration as an intermediary between a debtor and his creditors for the purpose of settling, compounding, or in any wise altering the terms of payment of any debts of the debtor; and to that end the person receives money or other property from the debtor, or on behalf of the debtor, for payment to the debtor's credit by the person, or distribution among, the creditors by the person. This definition shall only apply to a person who collects funds from a debtor and delivers such funds to the debtor's creditors;

Ok, so am I misreading or is a CA who does NOT OWN the debt, considered a debt adjuster?

What do you all think?

Funny thing, on the Dept of Finance's website it states:

The Federal Fair Debt Collection Practices Act, linked with state law, provides considerable protection for the debtor from abusive or outrageous collection tactics by a collection agency.

Problem is, I've not found no state law that provides any protection.

Message 1 of 4
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llecs
Moderator Emeritus

Re: Is a CA a debt adjuster if they don't OWN the account?

The next part clarifies what a debt adjustor is....
 
Debt adjusting--penalty.

425.020. Any person who acts or offers to act as a debt adjuster in this state other than under a debt management plan is guilty of a misdemeanor and upon conviction shall be punished as provided by law.

I read it as applying only to DMPs.

 

 

Message 2 of 4
llecs
Moderator Emeritus

Re: Is a CA a debt adjuster if they don't OWN the account?

Oh Oh !
 
Next part even better... 425.040 defines what a debt adjustor isn't.
Message 3 of 4
Anonymous
Not applicable

Re: Is a CA a debt adjuster if they don't OWN the account?



llecs wrote:
Oh Oh !
 
Next part even better... 425.040 defines what a debt adjustor isn't.



It doesn't specify that a debt adjuster is NOT a collection agency. And the title of the chapter is "Debt Adjusters and Collection Agencies" So where does the "collection agency" fit in. I never saw "collection agency" mentioned.
 
The definition of what is NOT a debt adjuster is awful similar to what the FDCPA defines as NOT a debt collector.
 
The Department of Finance in Missouri has a list of licensed debt adjusters and it all appears to be credit counseling places.


Message Edited by sidewinder on 05-13-2008 09:21 PM
Message 4 of 4
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