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M.R.S. Associates Question & FYI


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I have a debt in North Carolina that is over 6 years old. M.R.S Associates is calling about it and I asked them to send me a letter so that I can validate. To my surprise, they sent the letter and I am about to mail a validation letter.

I was at the Secretary of State office online looking up their business, when I came across this information.

http://www.secretary.state.nc.us/Corporations/Corp.aspx?PitemId=4604970

Does this mean they are suspended from doing business in my state or what? What does this mean to me? Should I still validate?

Thank you

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Here is what they have been suspended for since 2003.

§ 105‑230. Charter suspended for failure to report.

(a) If a corporation or a limited liability company fails to file any report or return or to pay any tax or fee required by this Subchapter for 90 days after it is due, the Secretary shall inform the Secretary of State of this failure. The Secretary of State shall suspend the articles of incorporation, articles of organization, or certificate of authority, as appropriate, of the corporation or limited liability company. The Secretary of State shall immediately notify by mail every domestic or foreign corporation or limited liability company so suspended of its suspension. The powers, privileges, and franchises conferred upon the corporation or limited liability company by the articles of incorporation, the articles of organization, or the certificate of authority terminate upon suspension.

(B) Any act performed or attempted to be performed during the period of suspension is invalid and of no effect, unless the Secretary of State reinstates the corporation or limited liability company pursuant to G.S. 105‑232. (1939, c. 158, ss. 901, 902; 1957, c. 498; 1967, c. 823, s. 31; 1969, c. 965, s. 2; 1973, c. 476, s. 193; 1987, c. 644, s. 1; 1989 (Reg. Sess., 1990), c. 1024, s. 19(a); 1993, c. 354, ss. 19, 20; 1998‑212, s. 29A.14(l); 2001‑387, s. 152.)

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If this debt is within the SOL I would still go through the DV process.

One of the things you should be asking them is to show that they are legally able to operate as a collection agency in your state...if they lie and say they are when then aren't; that's one in your corner. I woulnd't hit them with what you've found until/unless they actually reply to your DV.

In other words, if they don't deal with the issue at all of if they say they are legally able to operate in your state then you can cite the information you have that says they are under suspension and see what they say then!

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This is what I am specifically asking for in my letter. The SOL in NC is 3 years. The debt is over 6 years old. I wonder if this will be sufficient?

Please provide me with the following:

• What the money you say I owe is for;

• Explain and show me how you calculated what you say I owe;

• Provide me with copies of any papers that show I agreed to pay what you say I owe;

• Provide a verification or copy of any judgment if applicable;

• Identify the original creditor;

• Prove the Statute of Limitations has not expired on this account

• Show me that you are licensed to collect in my state

• Provide me with your license numbers and Registered Agent

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That should suffice, except:

Myself, I would not note the SOL in itself. I would ask they show when the debt went delinquent as you do not recognize it. My thought is that you do not want to give them too much ammo to play with, such as the SOL. It may raise a flag and cause them to "fix" any errors before you move on them. In short, do not address the SOL in any way of the words. Remember, the FDCPA makes no mention of it, so why should you. Save for the big slam.

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North Carolina Department of Insurance (NCDOI) is very proactive when it comes to collection agency violations.

I would sent them a C&D letter and specifically make them aware that they are in violation of NC Statute by attempting to collect a time-barred debt. (No offense Retmar, it's just that NC loves to fine these scumbags)

Inform them that you are forwarding all correspondence regarding this matter to the NCDOI for further administrative action. You can download a collection agency complaint on the NCDOI website.

NCDOI shows an active permit (#3122) for M.R.S. The complaint form will ask for their permit number. If the permit number is not on the letters they sent you, that's another violation of NC Statute.

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Thanks for the info. MRS Associates has an active permit according to NCDOI, so the information from the NC Secretary is incorrect or out of date? or does that even have anything to do with NCDOI?

If these bozos are still suspended from doing business, I just want to make sure I have that ammo...

thanks

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I just got JTL INC DBA J Graham and a$$(north carolina) to drop an old issue(providian) because they aren't licensed here in colorado (they are required to be)

I recently won a case (dismissed with prejudice) against Centurion capital (providian) because they weren't licensed here, unfortunately hundreds of people lost by default to centurion as they operated illegally here. I had two providian accounts

It would seem that the latest greatest SOP is to operate without the proper licenses and just see what you can get away with, if you win a million (or several) in judgements before you are caught and it only costs you a couple hundred thou in fines it may look like good math

fortunately for those of us willing to fight we've been left with a way out, it was clearly unlawful for centurion to bring suit against me(lots of Case law on this) I could still sue them for that, the issue(the debt) has been dismmissed forever and can't be brought before the court again.

fortunately for the CA's most people run or ignore instead of fight . when I found out what centurion was up to, I attempted to contact some other active defendants, none would return my call, almost all were hiding, all ended up with default judgements against them, for no good reason at all.

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No offense was taken, so no worry.

I'll agree with that only IF you know for a fact the debt is timebarred, nail them. BUT, if in doubt, do not use it until positive. This is what I'm referring to in my comments. California is another state that does not allow activity on timebarred debts. They consider it illegal to even attempt collection of a debt too old to be enforceable.

Another way to look at it is that you tell the CA the SOL has passed, what stops them from "correcting" their files to protect themselves. Remember, your only goal in dealing with a CA is to settle the debt to your advantage, not theirs. In short, you want to pay the least amount possible, and have the TL deleted. That is it, no more, no less.

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