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Sky Warner can you Verify This?


Guest Regina
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If this company is from FL.. you need to call them and ask them if they are licensed with Indiana.

Here is the catch.. I got an out of state CA to drop their tradelines because in Indiana the law states if they are an out of state CA.. all they can do is call you.. or mail information to your home..they cannot report on your CR.

Yes... this is true.

Try using that method to get them in hot water.

Lots of luck/.

Sky

I responded and kinda posted in Kjosephmorris' thread.sorry :(

http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=37903&start=0&postdays=0&postorder=asc&highlight=

Can you answer the question about Indiana state law and out of state collectors..?If it is true ..boy would I be grateful.. I can't seem to find anything in the code for collectors.

much appreciated

Regina

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Can anyone in addition to Skywarner answer this question? I would sure appreciate it. I'm in indiana and and this is killing me to have this on my reports.

If Skywarner is not around does anyone here know where I can find this information? Is this maybe a state code? I looked but I cant find it.

SkyWarner wrote:

Here is the catch.. I got an out of state CA to drop their tradelines because in Indiana the law states if they are an out of state CA.. all they can do is call you.. or mail information to your home..they cannot report on your CR.

Can anyone help me please? thank you

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I am still working on narrowing things down, but I started with the following Indiana Law:

IC 25-11-1-5

Issuance of license by secretary of state; provisional license

Sec. 5.

(d) A nonresident collection agency that has only incidental contact with a debtor is not required to be licensed under this chapter. As used in this subsection, "incidental contact" means contact on behalf of nonresident creditors using interstate communications, including telephone, mail service, or facsimile transmissions.

So, an out of state collection agency that does not have an Indiana license may contact the debtor. Furnishing information to a credit reporting agency exceeds the limitations set by this law.

Why? Because "contact with a debtor" means just that. Mention anything to someone other than the debtor and you just broke the law.

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Thanks Kjosephmorris..

so let me see if I have this right

#1)If the ca is located in another state(not indiana)

they don't have to be licesned to try to collect ffrom indiana residents.

#2)If they are licesned, they can call, send a letter and Report to CRA's

#3)If they are not licensed, they can call and send a letter or fax only.

they cannot report to CRA's because that is more than incidental

contact

do I have that right?

thanks

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That's it. Nothing fancy at all. Plain english with a simple validity test.

No matter who says what about this law or how any other law may affect it you should always ask the following question...

Did a non-Indiana non-licensed collection agency communicate with anyone other than the debtor? [Debtor being an Indiana resident of course]

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Thank you so much..

I went to Indiana SOS site and I couldn't find an online data base for licensed collection agencies.

All I could find under the search function is the requirements and to download a form to apply.

Do you have a link to where you searched for Premium Assest Recovery Corp?

thanks

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FYI - most databases are sold on a subscription basis in Indiana thru AI.org

Indiana though is somewhat creditor friendly with respect to courts though that is changing. a judge near Indianapolis got censured (a rarity in itself) for becoming a stooge of the creditors and CA's. The state reviewed his statistics and showed 99.something percent of his cases were found in favor of creditors.

That's better'n that fake court known as arbitration.

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a judge near Indianapolis got censured (a rarity in itself) for becoming a stooge of the creditors and CA's. The state reviewed his statistics and showed 99.something percent of his cases were found in favor of creditors.

.

Hey Grim I would be interested in reading about that judge.

Do you have a name or a link?

thanks Kjosephmorris for the link. I was on that site and searched but I guess I need more practice.

I did find my ca that is reporting on my reports. They are licensed and good till 07.

thank u for all your help

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A quick update:

I noted the Indiana Law IC 25-11-1-5 to the CA, the CAs attorney, the OC, and the 2 CRAs (equifax & experian) which the CA had reported the collection account to.

Both CRAs have completely removed the information. My scores shot up dramatically.

I doubt I have heard the last on this matter, but for the moment I appear to be victorious.

Thanks again Sky for pointing me in the right direction!

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