Omnibank Iliff, N.A. v. Tipton

Defendant, Gerald E. Fitzgerald (debtor), appeals the judgment entered on a promissory note in favor of plaintiff, Commercial Service of Perry, Inc. (Commercial Service), after a trial to the court. The trial court concluded that plaintiff was not a collection agency under the Colorado Fair Debt Collection Practices Act (Act), § 12-14-101, et. seq., C.R.S (1991 Repl. Vol. 5A) and, thus, was exempt from the licensing requirements of the Act. We reverse.