CAI-NJ May 2017

Therefore, in order to attempt to col- lect unpaid amounts, it is important to seek advice from counsel as to the steps an association may employ., To the extent that is possible, this should be done in a timely manner. With that said, another element of a productive and efficient collection process is early communication with the non-paying unit owner. Again, there is the question of how, and even whether, to utilize the services of association counsel or whether other association representatives should ini- tiate communications. However, this question is not as straight-forward as a consideration of costs – there is also the potential impact of the federal Fair Debt Collection Practices Act (the “FDCPA”), 15 U.S.C. § 1692 et seq. A key element of the FDCPA pertains to the question of who is a “debt collector” for purposes of the FDCPA, which defines that term in part as: [A]ny person who uses any instru- mentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. [15 U.S.C. § 1692a(6).] The term “debt collector” as further stated by the FDCPA does not include: [A]ny officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor[.] [15 U.S.C. § 1692a(6)(A).] BANG FOR YOUR BUCK... from page 18.

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