Thies
Thies v. Law Offices of William A. Wyman
Opinion
Opinion
Brewster, J.
ORDER DENYING DEFENDANTS’ MOTION TO DISMISS
On May 16, 1997, Defendants filed a motion to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(6). Plaintiffs are represented by Michael Ernest Doukas and Harold M. Hewell. Defendants are represented by Eric D. Morton. After careful consideration of the moving and opposing papers and for the reasons discussed in detail below, the Court hereby DENIES Defendants’ motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6).
I. Case Type and Jurisdiction
Plaintiffs Jarrett E. Thies and Jacquelyn D. Thies bring this action under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 , et seq. (“FDCPA”) seeking damages and other relief. Plaintiffs allege that Defendants, The Law Offices of William A. Wyman (“Wyman”) and Champs/The Kelly Group (“Kelly”), violated the FDCPA while attempting to collect past-due homeowners association fees plus costs and attorney fees from Plaintiffs. Defendants move for a Rule 12(b)(6) dismissal on grounds that Plaintiffs fail to state a claim upon which relief lay be granted. More specifically, Defendants claim that Plaintiffs do not owe a “debt” as statutorily defined by FDCPA and cannot seek relief pursuant…