[PHOTO CREDIT: iStock / Oliver Le Moal]
NOTE: Cases presented here may have been edited– sometimes heavily– for brevity’s sake, or other reasons. Many citation, footnotes, concurring or dissenting opinions, etc., may have been omitted. Always consult the full opinion, and always research the most current state of the law in your jurisdiction.
CIVIL: National Collegiate Student Loan Trust 2001-7 v. Lipari
An important distinction was raised in the case of National Collegiate Student Loan Trust 2001-7 v. Lipari, 42 Fla. Law Weekly D1146b (Fla. App. 5th DCA, May 19, 2017). Charles Lipari was obligated on a student loan debt incurred by his son. The loan was originally made by JP Morgan Chase Bank, N.A., but when it went into default, the plaintiff (“NCT”) filed a collections suit. Thereafter,
Appellee contends that NCT failed to provide notice of an assignment of the debt [i.e., from JP Morgan] to him as required by the Florida Consumer Collection Practices Act (FCCPA), section 559.715, Florida Statutes (2007), prior to filing suit. Appellee also contends that the notice of assignment provision is a condition precedent to the filing of a collection lawsuit under Florida law. The trial court agreed and entered judgment in favor of Charles Lipari. We disagree and reverse.
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The Florida Consumer Collection Practice Act… provides that a holder of a promissory note can assign the right to bill and collect to a collection agency for the purposes of more expeditiously collecting consumer debt that is in default. Section 559.715, Florida Statutes (2007), requires a collection agency to give written notice to the debtor of the assignment at least thirty days prior to the filing of any action to collect on the debt. In the instant case, the entire note originally made by JPMorgan Bank, N.A., was assigned to NCT. No rights were retained by the assignor. There is nothing in section 559.715 that would indicate that written notice of the assignment is a condition precedent to filing suit.
NOTE: Cases presented here may have been edited– sometimes heavily– for brevity’s sake, or other reasons. Many citation, footnotes, concurring or dissenting opinions, etc., may have been omitted. Always consult the full opinion, and always research the most current state of the law in your jurisdiction.
CRIMINAL:
James Hope is a Florida Bar Board Certified Criminal Trial Lawyer who has been practicing criminal law in Tavares, Florida, since 1987. He has also been the Publisher and Executive Editor of Lake Legal News since 2009. He may be contacted at LakeLegalNews@gmail.com, or through his website at www.AttorneyJamesHope.com. [PHOTO CREDIT: Bonnie Whicher]
