§ 25-11-1-1 — General definitions

Indiana § 25-11-1-1

• Jurisdiction: Indiana
• Title 25: PROFESSIONS AND OCCUPATIONS
• Art. 11: COLLECTION AGENCIES
• Ch. 1: Licensing of Collection Agencies by Secretary of State

Text

As used in this chapter, unless the context
otherwise requires:
(a) The term "person" means any individual, firm, partnership,
limited liability company, or corporation.
(b) The term "collection agency" means and includes all persons
engaging directly or indirectly and as a primary or secondary object,
business, or pursuit, in soliciting claims for collection, or in the
collection of claims owed or due or asserted to be owed or due to
another, including child support arrearages under IC 31-25-4. The term
"collection agency" also means and includes, but shall not be limited
to, any person who sells, furnishes, or maintains a letter or written
demand service, including stickers or coupon books, designed for the
purpose of making demand on any debtor on behalf of any creditor for
the payment of any claim wherein the person furnishing or maintaining
such letter or written demand service, including stickers or coupon
books, shall sell such services for a stated amount or for a percentage
of money collected whether paid to the creditor or to the collection
agency, or where such services may be rendered as a part of a
membership in such collection agency regardless of whether or not a
separate fee or percentage is charged. The term "collection agency"
shall also include, but not be limited to, any individual, firm,
partnership, limited liability company, or corporation who uses a
fictitious name, or any name other than the individual's or entity's
name, in the collection of accounts receivable with the intention of
conveying to the debtor that a third person has been employed.
(c) The term "claim" means any obligation for the payment of
money or its equivalent and any sum or sums owed or due or asserted
to be owed or due to another, for which any person may be employed
to demand payment and to collect or enforce payment thereof. The term
"claim" also includes obligations for the payment of money in the form
of conditional sales agreements, notwithstanding that the personal
property sold thereunder, for which payment is claimed, may be or is
repossessed in lieu of payment.
(d) The term "branch office" means a fixed physical location:
(1) that is not designated by a collection agency as its main office;
and
(2) where one (1) or more of the following occur:
(A) A person holds itself out as a collection agency or engages
in conduct that suggests to the public that the person acts as a
collection agency.
(B) The address of the branch office appears on the business
cards or other advertisement material of the collection agency.
(C) A person's name, advertising, promotional materials, or
signage suggests that a person acts as a collection agency.
Formerly: Acts 1937, c.92, s.1; Acts 1955, c.304, s.1. As
amended by Acts 1982, P.L.154, SEC.40; P.L.8-1993, SEC.375;
P.L.178-1996, SEC.1; P.L.234-2005, SEC.80; P.L.145-2006, SEC.159;
P.L.205-2021, SEC.7.