To help with his position claim, Plaintiff Correa alludes to Quinlan v. Citimortgage, Inc., an unpublished East District off California instance. Quinlan, No. 2:11cv000986MCEEFB, 2011 WL 2516236 (Age.D.Cal. ). Specifically, Plaintiff Correa argues that Quinlan holds you to definitely an obligations collector will get getting prone to good debtor’s mate in FDCPA. (Doc. No. 46 within 20). However, Plaintiff’s Correa understanding from Quinlan is too greater and you will misses the brand new woods towards the tree.
Into the or about , ahead of the county circuit court’s reading with the Defendant BAC’s action to own conclusion judgment, Accused BAC joined into a beneficial Page away from Transfer out-of assignment old active and this transferred Defendant BAC’s assignment so you can Accused Financial out-of The usa
, Inc. Later on, brand new defendants become demanding percentage in spite of the mortgage being fully discharged without funds getting due. Quinlan, 2011 WL 2516236, at the *1. Plaintiffs alleged your Defendants still-continued to get hold of them. Id. Towards the a motion in order to dismiss, the fresh legal computed if Bob Betzer, Quinlan’s companion who had been not a signatory for the financing, had updates to help you sue beneath the FDCPA. Id., within *dos. The fresh new legal unearthed that even though the work laid out good consumer since one absolute person compelled or presumably obligated to shell out people obligations, a non-user companion is recognized as being a customers having function of fifteen You.S.C. 1692c only. Continue reading