Nathan Wertz v. Asset Acceptance, LLC - 2/25/14

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Tuesday  February 25, 2014 
11:00 AM  EST

11 a.m. 71A03-1305-CC-175 . Nathan Wertz appeals the trial court’s judgment dismissing his counterclaim against Asset Acceptance, LLC, pursuant to Indiana Trial Rule 12(B)(6) for failing to state a claim upon which relief can be granted.  In his counterclaim, Wertz alleged that Asset, a Delaware limited liability company with its principal place of business in Michigan, had attempted to collect a debt from Wertz, which it had purchased from the original lending institution, in Indiana without first having obtained a license from the Department of Financial Institutions pursuant to Indiana’s Uniform Consumer Credit Code.  The parties also dispute whether Asset was required to obtain a license under the Indiana Collection Agency Act, whether Wertz’s counterclaim sufficiently pleaded a claim under the Indiana Deceptive Consumer Sales Act, and whether Wertz’s counterclaim entitled him to relief under the federal Fair Debt Collection Practices Act.

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