Hopefully someone can help me on this. Anything in Quotations is copied and pasted directly from the source. I'm reading a states collection law. It states that "A willful violation of this chapter, or of any rule lawfully promulgated thereunder, is a Class C misdemeanor." This is in regard to the states collection law chapter. In another chapter, the penalty for a Class C misdemeanor: "Class C misdemeanor, not greater than thirty (30) days or a fine not to exceed fifty dollars ($50.00), or both, unless otherwise provided by statute.". First: Here's were I would like some help interpreting this. Take the part that says "A willful violation of this chapter, or of any rule lawfully promulgated thereunder" and say the OC/CA (without question) broke more than 1 of them. Would you interpret this to mean a fine of $50 max for all violations combined or $50 max per, if you sued them? Second: If you sued the OC/CA for Class C misdemeanors, who are the fines paid to...the person it was committed against or the State? If you know anything about misdemeanors, please reply. Thanks
Felonies and misdemeanors are criminal laws and can only be initiated by the State. If you sue you can only sue as an individual under the civil laws. HTH
So basically, this means this States collection laws won't profit the consumer in court. Consumers can only bring attention to the actions and hope the state executes. Weak. I didn't find anything in the collection law chapter that refers to civil liability.
What is means exactly is if a creditor or a CA is breaking the laws of the state one can file a complaint with the State's Attorney's office but it is their decision whether to prosecute or not.
