jeajack21 Posted November 21, 2002 Report Share Posted November 21, 2002 Today I went in to file suit against three CA's. Well, I am a bit new to small claims. Of course no clerk could tell me anything, they could just hand me the paperwork. The big question that I have is, one of the companies that I am suing is Wolpoff and Abramson, L.L.P., I called the State Business Commission to get there authorized agent for my state, Oregon, because I was told that is the person that needs to be served. According to the State Commission there is no authorized agent for Oregon. They do not even have them listed as a company. I was wondering is it possible in small claims to just serve the company directly in another state? Does anyone know where I can read on how to file small claims in Oregon, i.e., making sure they named defendant is worded exactly right? Also in the place where it says to put the reasoning for suing, I put in violations of FDCPA and FCRA and there sections. Is this okay? Good enough? Does the certification of service have to be notarized? Please help. I just want to cross my T's and dot my I's and not have it fall through because of some silly mistake. Thanks again. Link to comment Share on other sites More sharing options...
calawyer Posted November 21, 2002 Report Share Posted November 21, 2002 Here is a link from the Oregon State Bar that gives you general advice on your small claims court case:http://www.osbar.org/1legallinks/public/infocenter/pamphlets/smallclaims.htmlHere is a link everyone should look at that gives service of process info for all 50 states:http://www.guaranteedsubpoena.com/rules.htm Good luck. Link to comment Share on other sites More sharing options...
admin Posted November 21, 2002 Report Share Posted November 21, 2002 Great site! I'll add it! Link to comment Share on other sites More sharing options...
jeajack21 Posted November 21, 2002 Author Report Share Posted November 21, 2002 Thanks calawyer. That site helped alot. I truly appreciate it!!! Link to comment Share on other sites More sharing options...
tac14033 Posted December 8, 2002 Report Share Posted December 8, 2002 I sometimes run into this problem alot, most companies do not have a registered servce agent to accept process in my state of PA.This is never a problem as I just list the corporate name and address and that is where the court sends the civil complaint to.In PA small claims sends out civil process via Certified, Registered and restricted delivery via US Mail.Out of about 10 lawsuits I filed only 2 had serving agents in my state. I've had no problems sending it to their corporate address and neither should you. Also be advised that in my state a company that does business in my state their name of business MUST be registered with the department of state.When I find out they are not registered I then add that violation as well to my suit.Seems to work very well!Tac Link to comment Share on other sites More sharing options...
jeajack21 Posted December 8, 2002 Author Report Share Posted December 8, 2002 The company is required to register in my state, Oregon, as well, but I have not found any penalty because companies are exempt from registering in Oregon if they are collecting for said debt in any other state besides Oregon. Link to comment Share on other sites More sharing options...
eddiedebt Posted January 19, 2003 Report Share Posted January 19, 2003 how do you go about finding out if a comapny is registered to do bussiness in your state? a state dept website of some sort??? Link to comment Share on other sites More sharing options...
jeajack21 Posted January 19, 2003 Author Report Share Posted January 19, 2003 Their is a Business Commissioner's office in most state capitals that will tell you whom is registered and where. If the company is not registered in your state, verify if they can collect the debt, if they can send correspondence to whatever there main office is in the USA, via CMRR. Link to comment Share on other sites More sharing options...
eddiedebt Posted January 19, 2003 Report Share Posted January 19, 2003 do i have to write a letter to them or is there a web link that someone has to check this out faster?? Link to comment Share on other sites More sharing options...
jeajack21 Posted January 20, 2003 Author Report Share Posted January 20, 2003 Put into www.google.com your state and business commissioners office, i.e., oregon business commissioners office or division. I'm not sure of what your state is so I can't help you there. If they don't tell you whom the authorized agent is there or don't have a link to let you know, you can find a phone number in which you can contact the Business Commissioner's office and they will ask you the name of the person/or company name that you are looking for and let you know that way if there is indeed an authorized agent in your state. Good Luck!!! Link to comment Share on other sites More sharing options...
bw4444 Posted January 22, 2003 Report Share Posted January 22, 2003 <blockquote>Originally posted by eddiedebtdo i have to write a letter to them or is there a web link that someone has to check this out faster??</blockquote>Well, for Oregon at least, use this link:http://www.oregon.gov/prod/lic/index.cfm?fuseaction=dsp_licpage_4&link_itemid=1734&link_tx=1I called the licensing board at the phone number listed on the site and they were able to look up the license for a particular agency.Other states should have similar licensing agency sites. Would be nice if we collected all the links here... [Edit by bw4444 on Wednesday, January 22, 2003 @ 12:21 AM] Link to comment Share on other sites More sharing options...
Anonymous Posted March 29, 2003 Report Share Posted March 29, 2003 I AM FORMER EMPLOYEE OF WOLPOFF AND ABRAMSON...THE BOTTOM LINE IS THAT THEY DONT PLAY WHEN IT COMES TO DEBT COLLECTIONS..THEY ARE LIKE "THE COLLECTION GODS" OF THE US..U CAN FIGHT THEM BUT TRUST ME YOU WILL NOT WIN..A LAWYER HAD A DEBT OF OVER 100K AND A JUDGMENT WAS ENTRED ON BEHALF OF WOLPOFF AND ABRAMSON..THE LAWYER BEGAN TO FIGHT THE CASE...WOLPOFF AND ABRAMSON..FILED AN "INVOLUTARY BANKRUPTCY" AGAINST THE LAWYERS PROPERTY AND WON..THEY SOLD HIS FURNITURE TO PAY THE DEBT..AND BECAUSE THE LAWYER DID NOT COMPLY WITH A COURT ORDER TO HAVE THEM CEASE HIS PROPERTY HE WAS ARRESTED FOR 72 HOURS..THIS HAPPENED IN JAN 2003..ITS NOT A LIE..IF YOU ARE GOING TO FIGHT THEM PLEASE MAKE SURE YOU HAVE GROUNDS TO DO SO...BECAUSE THEY WILL FIGHT...PLEASE SEE WWW.FRESHSTART911.ORG...I CAN ASSIST YOU WITH W&A ...AS A FORMER EMPLOYEE AND NOW DEBT ADVOCATE... Link to comment Share on other sites More sharing options...
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