[CLBS] Civil fine - collection agency

Christopher Hopper hopperlaw at cableone.net
Fri Sep 22 12:14:28 MDT 2017


I received info re: Dickerson.  Thank you for the responses, Listmates.  Best, Chris

----- Original Message -----
From: "Christopher Hopper" <hopperlaw at cableone.net>
To: clbs at admws.idaho.gov
Sent: Thursday, September 21, 2017 3:09:41 PM
Subject: [CLBS] Civil fine - collection agency

Thank you for the response on the previous question. 

"In other news," Debtor received a civil fine for selling real estate without a license from the Real Estate Commission in an agency proceeding in Feb. 2013 for mistakes done in 2009. The REC transferred the debt in some fashion to a collection agency. The collection agency in its name alone filed a lawsuit in district court in Dec. 2015 for the fine plus interest, costs, and fees, and received a default judgment in May, 2016. 

Assuming the civil fine is nondischargeable (though from events 3+ years ago, which might only exclude tax penalties from nondischargeability), might the sale or other transfer of the debt to the collection agency strip the debt of its original character as a civil fine, so that the 2015 judgment is dischargeable? 

Thanks. 

Chris 
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