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[APPEALS] Nathan Wertz vs. Asset Acceptance, LLC, 71A03-1305-CC-175
Start Date: 2/25/2014Start Time: 11:00 AM
End Date: 2/25/2014End Time: 12:00 PM
Entry Description

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.

 

The Scheduled Panel Members are Judges Baker, Najam, and, Crone.

Location:
Indiana Court of Appeals Courtroom
State House, Room 413
Indianapolis, Indiana  46204
Contact Information:
Name: Martin DeAgostino
Phone: 317-234-4859
Email: martin.deagostino@courts.in.gov
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Entry Type:
Event
Entry Category:
  • Oral Arguments
  • IN.gov Category:
  • Government
  • Agency Name
    Courts, Indiana

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