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FLEMING v. PICKARD

No. 07-35979.

581 F.3d 922 (2009)

Ryan FLEMING; Joy Fleming, husband and wife and the marital community composed thereof; Mike Smith; Deenna Smith husband and wife; Brad Haslam; Tammie Haslam, husband and wife and the marital community composed thereof; Jeremy Goodin, a single man, Plaintiffs-Appellants, and Scott Heaton; Jennifer Heaton, husband and wife and the marital community composed thereof, Plaintiffs, v. Kenneth PICKARD; Jane Doe Pickard, husband and wife and the marital community composed thereof; James Martyn, also knows as James A. Martyn, also known as Anthony J. Martyn, also known as James A. Martynovich, also known as James A. Maretyn-Ovych, also known as Anthony J. Martynovich, also known as Anthony J. Martyn-Ovych; Catherine A. Martyn husband and wife and the marital community composed thereof; M3 Holdings LLC, a Washington State Limited Liability Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 9, 2009.

Attorney(s) appearing for the Case

James Sturdevant, Bellingham, WA, for the appellants.

Terence John Cullen and Susan Kathleen McIntosh, Forsberg & Umlauf, P.S., Seattle, WA, for the appellees.

Before: KIM McLANE WARDLAW, RICHARD A. PAEZ and N. RANDY SMITH, Circuit Judges.

PAEZ, Circuit Judge:

We must decide whether a cause of action for tortious conversion constitutes a debt within the meaning of the Fair Debt Collection Practices Act ("FDCPA"). We hold that it does not. We therefore affirm the district court's judgment on the pleadings under Federal Rule of Civil Procedure 12(c) dismissing Plaintiffs' FDCPA claim without prejudice to their related state law claims.

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