swferguson Posted August 14, 2003 Report Share Posted August 14, 2003 I have looked up Evergreen Professional Recoveries to see if they are registered in my state. Cannot find them under that name. Is it possible for a collection agency to register under multiple names? If they are not registered in your state, then there is no way to sue them, correct? How should I proceed? Link to comment Share on other sites More sharing options...
i'macreditrisk Posted August 14, 2003 Report Share Posted August 14, 2003 You bet a CA can have many different names. Here is their website http://www.everprof.com/ I know that in my state (Colorado) we have a Collection Agency Board where you can verify whether or not a collection agency is licensed to collect in the state. I would think that Maryland has something similar. Definitely find out whether or not the CA is licensed in your state before you do anything. Please elaborate as to the specific nature of your problem so others can help you out better. Link to comment Share on other sites More sharing options...
swferguson Posted August 14, 2003 Author Report Share Posted August 14, 2003 The company registered in April 2003 but they were trying to collect from me back in December...when they had not been licensed in my state. I'm giving them 10 days to remove the negative tradeline that they could not validate (they sent me some printout with a typed in name, lol). Anyway, I'm planning on suing them if they do not remove. I'll give them a chance to settle with me explaining that it is a fine to try and collect a debt in MD without being licensed and I will send all the info the the licensing board. Because of the problems with debt collectors, payday loans, etc. I hear the licensing board is very strict in MD. Thanks for your response! Link to comment Share on other sites More sharing options...
md Posted August 14, 2003 Report Share Posted August 14, 2003 Many companies have to register each year. That may simply be their latest registration, not the first time they registered. Be sure on it before pursuing so as not to appear foolish in a court room. Link to comment Share on other sites More sharing options...
swferguson Posted August 14, 2003 Author Report Share Posted August 14, 2003 I looked it up before, a few months back and nothing. I looked today and there is only 1 registration listed under their name. So I checked everything listed under Evergreen. They are the only debt collection agency in that name listed in Maryland. But before I file suit, I will call to make absolutely sure! Thanks Much!! Link to comment Share on other sites More sharing options...
TexasLawyer Posted August 15, 2003 Report Share Posted August 15, 2003 Whether you can sue a collection agency in your state has nothing to do with whether it is registered, but rather whether the court has jurisidiction over it. A court can have general jurisdiction over the CA is its contacts with the state are continuous and systematic. A court can have specific jurisdiction over a CA if its contacts with the state sufficiently relate to your claim. This is an oversimplified explanation of jurisidiction. You might do some research at your local law library. Link to comment Share on other sites More sharing options...
swferguson Posted August 15, 2003 Author Report Share Posted August 15, 2003 I went to the courthouse and simply asked the questions on suing out of state company's. They had a brochure that states, if the company is out of state, deliver summons to their Registered Agent. (I do not know if this applies to every state, but this verbiage was on the smalls claims brochure in Maryland). A corporation that has no principal place of business in the State may be sued where you reside. Furthermore, if you file in the wrong venue, the court will simply transfer the case to the correct venue and notify you by mail. This company only has a registered agent in Maryland, I called Assessments this morning...so I can sue at my district court, which happens to be 3 minutes away from my home. Link to comment Share on other sites More sharing options...
wert Posted August 16, 2003 Report Share Posted August 16, 2003 I was sued by an out of state company.I did a search on the net, found a process server in their town, mailed them the papers from the courthouse to serve and paid them sixty bucks to do it.The CA was not licensed in Florida. The judge ruled in my favor not because of the SOL or the lack of validation, but because of the lack of licensing.Get the proof in hard copy form.Most CA's use a third party company to make sure they are license in every state. Needless to say, they don't do a very good job. Link to comment Share on other sites More sharing options...
masonuc Posted September 5, 2003 Report Share Posted September 5, 2003 As another lawyer pointed out, whether a collection agency is registered in your state is irrelevant. There a bunch of cases that establish the proposition that if a collection agency tries to collect a judgment against you in your state (i.e., sends you ANY letter), you can sue them in your state. There is an IL federal court case (name escapes me) where they allowed jurisdiction over an AZ company that had sent like 1 letter to IL in its existence, and the original debt occurred in AZ, where the debtor then lived.Anyway, the point being is that you can sue in your state. If enough people want me to post my legal work on this issue, I will. I recently settled out of court with a CA (for far more than statutory damages) and this issue was litigated. Long story. Most important: you should sue in your state. It gives you much, much more leverage when negotiating. It is more costly and complex for the CA to fight you in a foreign state -- and it is easier for you. Link to comment Share on other sites More sharing options...
md Posted September 5, 2003 Report Share Posted September 5, 2003 It is not irrelevant whether a CA is registered in your state or not. Yes, you can sue any company that does business in your state, whether or not they are located in your state. By a company choosing to do business with consumers in a state it is also choosing to abide by the laws of that state.Where it does matter is when a CA is trying to collect for a debt. In most states the CA must be registered to try and collect a debt from a consumer in that state. If they are not then they must cease all activity and may be subject to other penalties as allowed for under state law. An added defense if taken to court by a CA that is not registered in a state that requires it is simply that they are not allowed to collect in this state and you can file a counterclaim most likely. Link to comment Share on other sites More sharing options...
masonuc Posted September 5, 2003 Report Share Posted September 5, 2003 MD's post doesn't really address the issue. The point is that whether a CA is registered in the state is not really helpful in determining jurisdiction over them. It's probably too strong to stay registration is irrelevant -- it's probably a nice fact if you were trying to prove jurisdiction. But really all that matter is that the CA tried to collect a debt in your state. That's all you need to establish jurisdiction -- the CA has reached into your state and purposefully availed itself of the laws of your state -- that's the basis for jurisdiction.The point is not about filing a counterclaim or defending a lawsuit. This is about you suing a CA for a violation of the FDCPA or any other law -- including any law of your state (hint: that's where the big bucks can be won). Obviously if they sue you then you can counterclaim without any jurisdictional question. But if you just sue a foreign corporation, you need to have jurisdiction, and that is established by their actions. You need to plead that in your Complaint. Link to comment Share on other sites More sharing options...
md Posted September 5, 2003 Report Share Posted September 5, 2003 My first paragraph was directly related to jurisdiction and that by them choosing to do business with consumers in a state it gives the courts of that state jurisdiction.My second paragraph had to do with why it is relevant if a CA is registered to collect in your state. It makes any action you decide to bring against them that much stronger if they aren't registered since that is illegal in many states. Link to comment Share on other sites More sharing options...
swferguson Posted September 8, 2003 Author Report Share Posted September 8, 2003 First of all thanks to everyone who gave some advice. Now the out of state collection agency did violate the fcdpa. 1. They did not validate, sent me a contract without my signature on it, just my name typed in. 2. They did not list the tradeline as disputed and refuse to remove it now, although they could not validate it. 3. I only made the remark that they were not registered in Maryland when they placed that on my credit report. Yes, there is a statute that collection agencies must be registered in order to do business in Maryland. If you are not, then you can be fined or ..., I forget the rest of it right now, but I looked it up to be absolutely sure. And I only looked up the statute in Maryland, I don't know if this statute is there for other states.If I must take them to court (if they will not settle), I was only thinking to bring that up if all else fails. First and foremost, they did violate my rights and being that they are refusing to take this off my credit report without proof that it belongs to me, I am suing them. Link to comment Share on other sites More sharing options...
md Posted September 8, 2003 Report Share Posted September 8, 2003 Throw everything you have at them all at once. Hell, their job it to intimidate you into paying...do the same and scare the crap out of them. If you wait to use that fact that they are not registered and cannot legally collect a debt from you in that state then it will look like you are using it because everything else has failed and will be less powerful in my opinion.Is it possible that they are simply using a DBA name and another name of the same company is in fact registered in your state? Just trying to cover all bases here. Link to comment Share on other sites More sharing options...
Pale Rider Posted September 19, 2003 Report Share Posted September 19, 2003 Found this on a lawyers website: SUBJECT MATTER AND PERSONAL JURISDICTION An FDCPA suit "may be brought in any appropriate United States district court without regard to the amount in controversy", within one year of the date of violation. 15 U.S.C. §1692k(d). State courts have concurrent jurisdiction. A jury trial is available in FDCPA actions brought in federal court. Most courts have held that FDCPA litigation is appropriately filed within the district where the consumer received the communication. Officers and managers of the debt collector who have control over the procedures complained of may also be sued there. Filing in the district where the letter was received has been upheld even where the debt collector's letter had been forwarded to a district in which it did not do business. The debt collector normally may not bring counterclaims for either the underlying debt, or for bad faith and harassment. Link to comment Share on other sites More sharing options...
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