Am I wrong about the Fair Debt Collection Practices Act?

[DownNotOut]

Based on what I've read in this forum, I am under the impression that the FDCPA does NOT apply to the original creditor (i.e. the original creditor does not have to abide by a cease & desist letter), but applies after the debt has been charged off or sold to a third party collection agency.

I have someone arguing with me that this is not the case and that the FDCPA does apply to original creditors. If I am wrong I will happily admit it . Could someone clear this up for me? I have read the stickies and I believe that I am right, but hey, I could be wrong!

Thanks!

[dingdong]

FDCPA is for debt collectors,not OC,although state laws may trump the Federal version.

[catleg]

There is technically speaking a part of FDCPA which applies to OC's.

They have to sue you in the court of the local jurisdiction where you live. For most of us this means county court. Otherwise, as you can well imagine, we'd all be getting sued by Citi, Chase, US Bank in the court which was most convenient and advantageous (and cheapest) for them and then they'd just domesticate their judgments to the state where you live.

[HHM]

There is technically speaking a part of FDCPA which applies to OC's.

They have to sue you in the court of the local jurisdiction where you live. For most of us this means county court. Otherwise, as you can well imagine, we'd all be getting sued by Citi, Chase, US Bank in the court which was most convenient and advantageous (and cheapest) for them and then they'd just domesticate their judgments to the state where you live.

Umm, that has nothing to do with the FDCPA or any part of the FDCPA, that is simply state civil procedure and where jurisdiction and venue is proper.

[catleg]

Umm, that has nothing to do with the FDCPA or any part of the FDCPA, that is simply state civil procedure and where jurisdiction and venue is proper.

Sorry, my bad.