The National List of Attorneys - Idaho
Idaho Debt Collection Laws
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| Jeffrey M. Wilson |
Submitted by Jeffrey M. Wilson & Christopher R. Moore, Wilson and McColl
Published by The National List of Attorneys
The firm of Wilson & McColl, located in the beautiful capital city of Boise, practices law throughout the state of Idaho. The office handles legal matters in the following practice areas: Commercial Transactions, Collections, Creditors Rights, Bankruptcy, General Civil Practice, Real Property, Insurance, Commercial Litigation, and Business Matters. Associate Attorney Christopher R. Moore graduated from Willamette University College of Law and was admitted to the Idaho Bar in 2011. Managing Partner Jeffrey M. Wilson is a graduate of Ohio Northern University College of Law and was admitted to the Idaho Bar in 1979. Mr. Wilson has been active within the Idaho legal community during his entire career, including serving as Commissioner, and later President of the Idaho State Bar. Wilson & McColl can be reached at (208) 345-9100, or jeff@wilsonmccoll.com & cmoore@wilsonmccoll.com.
I. Summary of Idaho Collection Activities
Debt Collection in Idaho is a straightforward process, with the Fair Debt Collection Practices Act still being the main codification of rules for consumer debt collection. While the state does regulate the commercial practice of debt collection, and actively pursues violation of debt collection rules, both state agencies and the courts generally foster an environment in which legitimate creditors can easily pursue the obligations owing to them.
II. Idaho Laws Pertaining to Debt Collection
Fair Debt Collection
To date, Idaho has not enacted its own state fair debt collection law. As such, practitioners of debt collection are subject to various federal laws. Most relevant, the provisions of the Fair Debt Collection Practices Act (FDCPA) govern consumer collection practices in Idaho.
Licensing of Debt Collectors
The state has adopted the Idaho Collection Agency Act (I.C.A.A.; I.C. § 26-2221, et. seq.), in part to regulate the activities of those doing business as debt collectors within the State of Idaho. Under the Act, various collection activities cannot be conducted within the state without a collection agency permit. These activities include, but are not limited to: operating as a collection agency, operating as a debt or credit counselor or credit repair business, soliciting or advertising for the right to collect any account for another, and collecting or receiving payment for others of any account or bill. Collection agencies are licensed by the Idaho Department of Finance, and more information can be found on their website; http://finance.idaho.gov/. Additionally, the Department of Finance provides an online searchable database allowing the public to research whether a particular debt collection entity is licensed.
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