I am sooo. confused please answer this for me

[schellmis63]

I am being sued by a major collection agency who is not licensed to do business in my state,, it's been proven by all the departments in my state who would have knownledge. I contacted a legal team and thought maybe there was a possible law suit against them. I was infomred that really there is nothing that can be done against them. I should contact the Attorney General bring it up in court, and see what happens.. How can this be?? Why not file suit?? I just don't understand. Some company can pay 25,000 for their license and bond and someone who does not pay still can do business in the state?? Can anyone answer this for me??

I am now ready to file my discovery and I just don't know what to do.. I h ave read and heard so much that I just don't know what to write.

[bluealex915]

Hello,

I do not have a lot of experience with the FDCPA but I have an idea or comment on what you might want to do next. Look up and find the statute for your state that requires collection agencies to be licensed. photo copy this and mail it in with a cease and desist letter informing them that they are in violation of the law.

Wait for there response, if they do come back and show you proof that they are licensed write up a debt validation letter with a cease and desist notice and mail that one off. Don't forget to mail them certified with signature confirmation. If they cannot validate the debt they cannot legally contact you to attempt any collection practices.

Right after you mail off your DV letter start reading up on the FDCPA and prepare for your next strategic move. Even after all of this you may still have to take these guys to court to get the remedy which you seek. I say this from my own experiences with Experian and there violations of the FCRA that I am going to sue them on.

Good luck...........

[schellmis63]

I am in court with them now. After I was summoned I send a letter certified as for full validation and also asked for an oral deposition concerning the person who has acknowleged the debt as mine from the CA. I have not recieved any validation letter. Right now I am set for a court date for trial. I just don't know which way this is going to go.

I know they are not licensed but I am getting a feeling that is no matter to the courts. I can't believe this but that is what I am getting out of a lawyer that I had talked to

[anti-something]

what does the law say? does it say to operate as a CA they must have a license? a business license? there should be something somewhere that says failure to have licensing as required means this

TX has one buried in the business and commerce code, thats says if a business fails to be licensed properly they may not maintain any legal action until the licensing error is fixed.

if you can find something like that i would argue (absolute defense??) they are 'without the legal capacity to maintain this action' or whatever the law says and corresponding fancy legal term is

[schellmis63]

805 ILCS 5/13.70 (from Ch.32,par. 13.70)

Sec. 13.70. Transacting business without authority.

(a) No foreign corporation transacting business in this state without authority to do so is permitted to maintain a civil action in any court of this State, until the corporation obtains that authority. Nor shall a civil action be maintained in any court of this State by any successor or assignee of the corporation on any right, claim or demand arising out of the transaction of business by the corporation in this State, until authority to transact business in this State is obtained by the corporation or by a corporation that acquired all or substantially all of its assets.

that is what our law says and it goes on. So why wouldn't anyone sue them?? Why would we be told that they can get away with it?? HMM>>

that is my confusing part. I will have to make sure that the judge reads this!.. Also filing a complaint with the Attorney General. I also sent them this print out,, what will they do to them?? They will not intervene with my court case right?

[anti-something]

just guessing here (like most of my ideas ) but i would think, you cant sue them for not being licensed, there is not a private right of action for you to do so. but the AG would have the right to do so.

i doubt the AG would intervene in your individual case, but i would really try hard to get them on board. explain its a large company, what they do is sue people, maybe pull a couple of cases from your local court to show that its not just you that they are doing this to, so you can convince the AG that there is a huge possibility they are doing this to many consumers and must be stopped.

but! that law says they cannot maintain any action, so if they sue you, you have that defense for your case, they are not legally allowed to maintain the action under 805 ILCS 5/13.70

[ghacorp]

The bigger issue here is, have you answered the Summons? If so, have you denied all allegations and filed counter complaints? The best time to request validation is BEFORE the case has been filed then FDCPA laws apply with regard to the validation requirement. Once in court the plaintiff can dismiss the charges if they feel they cannot win. You did not mention if the CA was representing the OC or someone who acquired your debt.

[schellmis63]

I have filed my answer and denied,, however i did not counter claim. I did however in my prayer asked for this

Prayer for relief, ask the court to dismiss the complaint, give defented judgment award costs, and such other relief as the courts fins just and proper.

This a collection account bought by the great,, well known agency that has the word FUN in it.. lol

[schellmis63]

this was a charge off/ sold debt

[anti-something]

i think you would need to counter-claim it, i dont think you could just bring it up in court on the day. ??? help! lawyers, anyone??

[schellmis63]

lolo. hell i thought you were a lawyer,, you are really good bu reading your posts.. man,, also why do not lawyers, consumer protection lawyers want to take on a case,, even if they get paid. I have been looking for an attorney and no one gets back to me.

I might be able to still counter claim , since my new finding that they are not licensed to collect, but I just dont know how to go about doing it.

so in your eyes,, a discovery is not needed?? If there is no discovery I will just have to ask for the infomration infront of the judge?

[anti-something]

ha! thanks, but no, i dont know what i'm talking about half the time i should put a disclaimer in somewhere.. not a lawyer.

ok, first up you need to find your states rules of civil procedures, this will tell you lots of good stuff, like how and when to file a counter-claim, and your discovery rules. also ask the legal dude you were talking with, he/she should know what you need to do, its prolly along the lines of a amended answer or something.

in TX they have to put on the summons what level of discovery will be used, you are probably dealing with the lowest level, but that still gives you plenty of good questions to ask, documents to demand. absolutely go with discovery! make them prove all their allegations.

and the reason for the lack of FDCPA savvy lawyers is: theres not as much money in it.

[katwoman]

Consumer protection lawyers don't want to take on stuff like this because it's small potatoes. They would rather do class actions cause that's where the BIG money is.

This was a major problem for me since my atty wanted me to get a copy of a credit card agreement from the OC which could have put me in suit range since I was still in the SOL. When I pointed this out to him he said he would defend me and I'd be charged his hourly rate, of course. Here he stood to make thousands on the potential class action I was giving him but he was nickel and diming me.

I dropped all 4 of my class actions. If he couldn't show me decency, I wasn't going to help him get rich.

[schellmis63]

good for you,, that is how I am feeling, I called the big shot lawyer team and pretty much quizzed me about the CA but when I ask about help with my discovery,, just a minor question,, I can't help you,, ofcourse not,,

you want money. Well I sent them another copy of my complaint/by the CRA and their exhibit,, and I am sure that they will not help against these guys

[schellmis63]

Thanks all of you,, I clicked on the links and found some good stuff,, Now I just need to put on the bright light and work all this through

do we really win against these collection people?? if they can't validate,, can't collect,, what are my odds?? does anyone want to take a stab at that one?

[anti-something]

what are my odds?? does anyone want to take a stab at that one?

you have a 100% chance of losing if you do nothing. your chances of winning get higher and higher the more good defense you can throw at them.

[schellmis63]

I think that I have found a local attorney. We are at email stage right now. Now if I counter sue?? Someone said it is to late? In my prayer I only asked to vacate/ awared me costs and such but I am assuming this is not good enough.

I think that I now have more violations against them and their attorney

They both did hard pulls on my CRA. I was reading the FCRA rules and I believe these are violations? But some where on the boards I thought I read that a collection agency can do a hard pull if there is going to be a legal case against the consumer. I do not see anything about this under the FCRA rules.. but now their attorney doing a pull?? What is up with that?

[anti-something]

i dont know if its too late to counter-sue, i dont even know what state you are in

but, the PP of an attorney? i'm sure there is case law stating that you cannot pull someones CR for information to be used in a lawsuit. its a non-pp pull.

if it really is too late to counter-sue (the only way i know to find that one out by yourself is to read your states rules of civil procedure) file a brand spanking NEW lawsuit against them for FCRA violations and whatever else you can.

[schellmis63]

Thanks Tatiana

I sure hope that this attorney will pick up my case. I have learned so much from this site but unfortunetly I do not have a legal mind when it comes to my defense. I guess I am scared. I know that I do have a legal leg but no legal mind to pull it off So as it stands I have two on them.

1. Not licensed to collect in my state

2. FCRA violations

thats at least 3 grand right? get them both on FCRA violations, would be enough to pay the attorney

Just another question... What does the FTC and the attorney geneal do with these non licensed agencies?

[anti-something]

a couple of self-empowerment tips.

i sure hope you get the attorney too, but you need to plan that maybe you wont.

call the court and see who you can ask some basic questions of, like; how do i counter-claim? (for my case i spoke with both a very helpful lady in the clerks office and had one conversation with the judge)

go to the law library and read thru the rules of civl procedure (or find it online) find 'free' legal advice places and call them.

YOU can do it! i dont have 'legal' mind either, but i can read, absorb and use the information, and if i can do that, so can you!

and as far as i know, the FTC document complaints and only move on them if they see a pattern of bad behaviour, the AG needs less evidence to do something.

[schellmis63]

Well, we know who the CA is.. I will scamble the letters FNDUIU. Bad, Bad debt buyers. I thank you for the encouragment and I am going to try to retain it. I know that I need to prepair. What happens if you don't file a discovery? Since my court date is less than the 30 days. What will happen at court? Do you know?

[anti-something]

if you dont file discovery, you dont get to ask them questions about how they got the account, how much they paid for it, their business licenses to prove they can collect, the original contract you signed, the documents they intent to introduce in court, etc etc.

make them work for it, make them prove it!

in court (if its set for trial) they will present their case as to why you owe them money, you will present your case as to why you dont owe THEM money.

[schellmis63]

I am worried that I did not ente that discovery soon enough. I failed to give the efficient time to answer if I was to send them now. I am screwed?

Hey, also do you know about an oral deposition?? I asked for one and that person did not appear in court on my hearing date but they shoudl appear at trial right? if they fail to appear then what happens?

[anti-something]

i'm presuming you are in IL, if so, go here and read this..

http://www.state.il.us/court/SupremeCourt/Rules/Art_II/

[admin]

schell - I would also encourage you to go pro per (do it on your own). Most attorneys are not versed in the FCRA and the FDCPA and generally I find that the combined knowledge of those who post here exceeds any individual lawyer. We are blessed with regular postings from lawyers as well. You are going to have to do some digging, but I think you can win.