snotrag Posted April 10, 2005 Report Share Posted April 10, 2005 I'm in Illinois & I'm dealing with the same CA as a poster named tropicaljo (the CA advised tropicaljo to lie on a Sallie Mae application to get a loan...so the CA could get paid)I'm trying to get all my research done before I decide on the best course of action and I happend to stumble onto the Secretary of State's website and discovered that the CA's authority to do business in Illinois has been revoked - and it has been since November of 98. I did some more digging and I found the Business Corporation Act of 1983, specifically, 805 ILCS 5/13.55 © "Upon the issuance of the certificate of revocation, the authority of the corporation to transact business in this State shall cease and such revoked corporation shall not thereafter carry on any business in the State."I also found 805 ILCS 5/13.60 (well I didn't really find it, it was the next paragraph down) which states that foreign corps whose status has revoked can be reinstated to a good standing - so long as that request is made within 5 years. It doesn't say what happens if its past five years.Should I call the BBB? The SoS? My AG? Should I call the CA & tell them piss off? Shall I tell the OC that its not a good idea to hire a CA who cannot collect in my state?There's something wrong, though, I have to be missing something? Why would they continue after 7years of not paying their franchise taxes?I know you all must have some good ideas. Link to comment Share on other sites More sharing options...
KentWA Posted April 10, 2005 Report Share Posted April 10, 2005 Could be they are operating under another corporate umbrella. However I would bet that in view of the tactics they have taken so far that we have heard about they just try to get by and hope to not get caught.I will bet if you both report them to the AG they are going to find themselves in deep water. Link to comment Share on other sites More sharing options...
snotrag Posted April 10, 2005 Author Report Share Posted April 10, 2005 Yeah - my girlfriend had thought that as well (umbrella corp). As ususal, she thought that I missed something and that they must be operating under a different name. If that's the case, then fine. Then they are going to have problems with the "assumed name" because its not registered; which carry other penalties. The state appears to keep very good records as to the name of a master corporation linked to names of other comanies it is doing business as; I mean when I ran the first name, it linked to two other names the company had used or assumed during its one year tenure of good standing with the secretary of state.I'll keep digging, I was just stunned when I found this. I've been so focused on looking for a violation of the FDCPA that I forgot to look at other "back doors" as it were - to get to the CA.I'm going to call the secretary of state on Monday, I'm curious to see what this CA can do. The statute does not provide for what happens in the event the 5 year period for reinstatement has lapsed. I'm hoping somebody downstate will tell me that the only way to get back into good graces is some long drawn out process that persuades them to leave me alone.I'll look into the AG angle, its too bad that I'm not in the same state as the other poster, otherwise we might have been able to really get something rolling with the AG. Comments always welcome. Link to comment Share on other sites More sharing options...
KentWA Posted April 10, 2005 Report Share Posted April 10, 2005 In most cases where there is a grace period like you are pointing out, they have to go through the entire proceedure if they miss the grace period. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted April 11, 2005 Report Share Posted April 11, 2005 I would tell them they cannot trasnact business in Ill, so they should stop bothering you. CC the DOS and the AG and the FTC, for that matter. Is it a CA? See if they are a member of ACA International. If so, grieve to the ACA that these guys are trying to collect in your state without being authorized to do business. They have to answer to the ACA, and maybe the nuisnace value will be helpful to you. Link to comment Share on other sites More sharing options...
snotrag Posted April 12, 2005 Author Report Share Posted April 12, 2005 Alright, I'm gathering up addresses and contact info for all of the appropriate parties (SoS, AG, BBB, ACA, the CA, and last but not least, the OC).I'm thinking that the standard C&D (with an added paragraph detailing their violation) should suffice - although I don't want to prompt a lawsuit - especially if they are able to pay their fines.Or should I just send a "get stuffed" letter?*** edit ***Nevermind, I'm just going to post a copy of the letter and hope to get some feedback on the format/verbiage. Link to comment Share on other sites More sharing options...
snotrag Posted April 12, 2005 Author Report Share Posted April 12, 2005 Alright, I decided on a Limited C&D with added info (just in case they eventually do get things cleared up with the state - I think I'm too timid) here's what I got. Comments are always welcome.To Whom It May Concern: This letter is being sent to you in regards to the attached notice dated March 30, 2005. You may have noticed that I am difficult to reach on the telephone. Actually, I am certain that you have noticed. This has been made readily apparent by the phone messages left for me with increasing frequency and with growing agitation.Please understand and be advised that my actions, including this letter, should not be construed as a refusal to pay. Nor should my actions be considered an acknowledgement of this debt; additionally, I reserve my right, to the fullest extent permissible, to dispute this debt, or any portion thereof.This is an extremely important matter to me. As such, I wish to keep a detailed written record of all communications, and the easiest way to accomplish this is by requiring that all future communications with me must be in writing sent to the address noted above via the United States Postal Service.Let me reiterate, I would like to request, in writing, that your offices make no telephone contact to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and will be dealt with accordingly.The foregoing notwithstanding, I wish to inform you that any future attempts to collect this debt may have adverse consequences.It has come to my attention that the authority to your company to transact business in the State of Illinois has been revoked. Pursuant to power granted to the Secretary of State by the Business Corporation Act of 1983 (805 ILCS 5/13.55), the Secretary of State revoked your authority effective November 2, 1998 (see attached). Despite this fact, you have continued to transact business without authority.This being the case, I will be forwarding all appropriate information to the Illinois Attorney General and the Secretary of State of the State of Illinois, for appropriate response. In addition, this information will be forwarded to the Federal Trade Commission, the Better Business Bureau, the Association of Credit and Collections Professionals (ACA International), and your client "OC."As you are now aware that you are unable to transact business in this State, which to my knowledge includes collection activity, I respectfully request that you return this file to your client, so that "OC" and I might attempt to reach to a resolution that is not hindered by third party motives.Attachments:Current printout from the SoS database listing the current status (as well as those of two associated corps) as REVOKED.A copy (from the county recorder of deeds) of the certificate of revocation. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted April 12, 2005 Report Share Posted April 12, 2005 I'd take the last sentence out. Sounds like an admission of liability to me. Link to comment Share on other sites More sharing options...
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