Portfolio Recovery Associates, LLC v. Hopper

• Court: Superior Court of Maine
• Decided: November 4, 2021
• Docket: CUMcv-21-222
• Status: Unpublished

Opinion

STATE OF MAINE D1STR1CT COURT Cumberland, ss. LOCATlON: Portland DOCKET NO: CV-21-0222

Portfolio Recovery Associates, LLC, ) ) Plaintiff; ) ) ORDER ON PLAINTIFF'S FILING OF V. ) 32 M.R.S. § 11019 ACTION ) Trisha Hopper, ) ) Defendant. ) )

The Plaintiff has submitted a complaint, initiating a collections action. This matter is

subject to the provisions of the Maine Fair Debt Collection Practices Act, 32 M.R.S §§ 11001­

11054, particularly section 11019 because the debt that is the subject of the complaint was

purchased after January 1 , 2018.

Section§ 11019 of the Maine Fair Debt Collection Practices act prohibits the initiation of

a collection action against a consumer without adherence to the various stated requirements. If a

plaintiff files a complaint in a collection action governed by section 11019 that does not include

the required allegations or documentation, the action is not properly before the court. The Maine

Law Court has held that lack of standing is a matter of justiciability which precludes a party from

invoking the trial court's jurisdiction. See Wells Fargo Bank v. Girouard, 2015 ME 116, ~ 8 n.3,

123 A.3d 216 (citing Homeward Resiclentictl, Inc. v. Gregor, 2015 ME 108, ~~ 15-20, 122 A.3d

947). "Courts can only decide cases before them that involve justiciable controversies." Witham

Family Limited Partnership v. Town of Bar Harbor, 2015 ME 12, ~ 7, 110 A.3d 642 (quoting

Lewiston Daily Sun v. Sch. Ac/min. Dist. No. 43, 1999 ME 143, ~ 12,738 A.2d 1239). REC'D CLIMB CLERKS OFC NOIJ 5 '21 AH8:37 Standing is a matter of justiciability. See Madore v. Maine Land Use Regulation

Commission, 1998 ME 178, ~~ 7-8, 715 A .2d 157. If a plaintiff fails to meet statutory reg uirements

for filing, or initiating an action, the plaintiff lacks standing. See Homeward Residential, Inc., 2015

ME 108, ~~ 18-20, 122 A.3d 947. The court may notice and act on "issues relating to its authority

at any time, on its own motion or on the motion of a party." Id.~ 20 (quoting Francis v .. Dana-

Cummings, 2007 ME 16, ~ 20, 915 A .2d 412).

While debt collection cases fall within the court's general jurisdiction, see 4 M.R.S. § 152,

a party that lacks standing may not invoke the trial court's jurisdiction. See Homeward Residential,

Inc., 20 l 5 ME I08, ~ l 8, l 22 A .3d 947 (citing Bank of America, N .A. v. Greenleaf 2014 Mt; 89,

.!! 9, 96 A.3d 700). Here, the court notes the plaintiff failed to meet the statutory requirements of

32 M.R.S. § 11019 and therefore determines sua sponte to dismiss this collections action because

the plaintiff lacks standing to invoke the comt's jurisdiction over such matters.

It is therefore ORDERED that Plaintiffs Complaint is DISMISSED, without prejudice, for

lack of standing.

Pursuant to M.R. Civ. P. 79(a), the Clerk is directed to enter this Order on Plaintifl"s

Request for Default Judgment to Clerk on the civil dock "~Y a notation incorporating it by

reference. I

Date: I! i'

Judge, Maine District Court