bellatragedia Posted May 1, 2005 Report Share Posted May 1, 2005 Emailing with the SOS office in OR, I was asking about a certain attorney that is trying to collect a debt on a Cap 1 CO for DH. Last year, Arrow was assigned to the Cap1 CO. Arrow got sent a limited C&D in the DV. They sent a few more letters then gave up. Then DH gets a letter from an attorney stating that since DH C&D'd Cap1 (he only sent limited C&D to Arrow) said attorney would either be filing suit or recommend to his client to file suit. DH gets served with a judgement and decideds he doesn't want to go to court. I back off and tell him fine. Nothing comes of it, and nothing appears on his CR. One year later now same attorney sends out another dunning letter trying to collect on this debt. This goes on for two weeks and then I get a DV with limited C&D sent to the attorney. A week passes and after receiving a letter for three weeks in a row from them, then another letter comes. No validation, but clever as it is, it doesn't actually state that they are asking for payment, but more of just stating the debt and that their client (cap1) will be either suing or being told to go ahead and sue. It's as if they didn't receive my letter....So now, I check with the SOS and he isn't registered here to collect. She does state though that if he's collecting because of a case then he doesn't need to be registered. My question: If he is putting that little line at the bottom of all his correspondence stating "this letter is from a debt collector, any information gathered will be....etc" then he is collecting on this account and therefore would need to be registered correct? The SOS suggested asking him if he's assigned to the case, and if he says yes to ask for his OR collection agency # knowing that he doesn't have one. Personally I don't know that calling him up would be best, but I want advice on what's what with attorney's acting as debt collectors and how you can tell if they do need to be licensed to do so. Link to comment Share on other sites More sharing options...
gdouglaslee Posted May 2, 2005 Report Share Posted May 2, 2005 I want advice on what's what with attorney's acting as debt collectors and how you can tell if they do need to be licensed to do so.Read the statute. An attorney might be a debt collector under the FDCPA but that has nothing to do with state laws. The definition of debt collector under state laws differs from state to state and maybe attorneys meet the definition and maybe they don't. Even if they do, I can't even think of a state that requires attorneys to be licensed or bonded in order to collect. Most state laws specifically exempt attorneys. Link to comment Share on other sites More sharing options...
bellatragedia Posted May 2, 2005 Author Report Share Posted May 2, 2005 Well I do need to look up the state statute, but the SOS office told me that if they are collecting as part of a case then they don't need to be. If they are collecting because they are assigned to it as a debt collector, and acting like any CA would, then they need to be. That was in my original post. My question was that if he's putting that line at the bottom of his letter, doesn't that make him sound like he is acting solely as a debt collector? Which then he'd need to be registered. Link to comment Share on other sites More sharing options...
astiman Posted May 2, 2005 Report Share Posted May 2, 2005 How does one "get served with a judgement?"What do u mean by that? Link to comment Share on other sites More sharing options...
bellatragedia Posted May 2, 2005 Author Report Share Posted May 2, 2005 What I mean is a process server came to our house and "served" DH with the court filed paperwork that this attorney was filing a judgment against DH. Link to comment Share on other sites More sharing options...
breathing_easier Posted May 2, 2005 Report Share Posted May 2, 2005 What I mean is a process server came to our house and "served" DH with the court filed paperwork that this attorney was filing a judgment against DH.I think you might have meant to say was that the attorney threatened that he was filing a lawsuit against your DH. Or perhaps a summons. A judgment is what is issued by the court if you either default by not answering or lose the case. An attorney can't file a judgment it as it is solely issued by the judge/court. Attorneys and CAs do like to throw the "judgment" word around, though, to scare you. Link to comment Share on other sites More sharing options...
bellatragedia Posted May 2, 2005 Author Report Share Posted May 2, 2005 Yes breathing, thank you for clarifying my speech That, basically, is what I was saying. Link to comment Share on other sites More sharing options...
Recommended Posts