Jump to content

? CA not licensed in my state


lisajt66
 Share

Recommended Posts

I am preparing to request dv from 3 different CA's for 3 collection accounts I have on my CR's. I happened to look them up on the Deptartment of Banking Consumer Collection Agencies List of CA licensed in my state and noticed that none of the 3 were listed.

My question is does this change my plan to request dv from the CA's with the basic dv letter and should I include the fact that they are not licensed in my state or is that irrelevant?

I have spent hours and hours reading up on everything here to begin my credit repair and am a little overwhelmed with the amount of information there is!! I really appreciate the time and effort everyone here puts in!

Link to comment
Share on other sites

In my opinion, part of any well crafted DV letter should be a request for the CA to substantiate that they can legally operate as a debt collection agency in yoru state.

You need to know your state's requirements and any exemptions for a CA to do business in your state - if you know your state's requirements and you have gone through some effort to check the CA out ahead of time I'd mention it...you could say somethign like...

..."Based on my research to date, I have been unable to confirm that you are (licensed, bonded, etc) in my state as required by (cite the appropriate state law(s). Therefore, please provide sufficient evidence to substantiate that you are licensed in my state"

The more you know about your state's requirements, the more specific you can be with your request.

Link to comment
Share on other sites

Fabulous advice Robert!

I was actually served by a non licensed CA's Atty here in Colorado

When I found out that not only was the CA not licensed but the CA and their ATTy's had been ordered to C&D by the AG's office the situation turned to my favor here very quickly. In Colorado it is unlawful for an unlicensed CA to Bring suit against a debtor.

The case has been dismissed with prejudice but the atty's are still in liability for bringing an unlawful suit

definitely make any CA prove they have the legal rght to collect in your state, many are operating without the proper licenses. Why? it's expensive, and many people won't do their homework to uncover the truth

it should be a part of your DV letter for sure

Link to comment
Share on other sites

  • 3 months later...

Just wanted to update...sent a letter CMRRR to CA that they had never notified me before reporting, that I knew they were not licensed nor bonded in my state (CT) and that they were violating the Bankruptcy laws and today when I checked lo and behold they were gone from my CR!!

Enclosing a copy of my letter to CA just for sh-ts and giggles...

November 21, 2006

Collectron of Atlanta In

2046 W Park Place Blvd S

Stone Mountain, GA 30087

Re: Your Acct # 12113

To Whom It May Concern:

I am in receipt of your letter dated 07/24/06 in response to my letter of 07/19/06 in which I asked for validation of a debt you allege that I owe. This is not a refusal to pay, but a notice that your claim is disputed.

I requested verification of the alleged debt and proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt.

You provided me with a lease dated 06/30/00 for a term beginning 07/08/00 and ending 07/31/01. You also provided a deposit disposition with a lease start date of 09/01/04, a move in date of 08/01/02, a lease end date of 08/31/05 and a move out date of 12/12/05. It is obvious that your information is incorrect and your documents have been tampered with and /or forged.

You have already violated the FDCPA by never notifying me of this collection prior to reporting it to the credit reporting agencies. This is a $1000.00 fine. Now when I ask for validation of this debt you continue to pursue collection activities without providing accurate validation. Another violation, FDCPA Section 805©, another $1000.00 fine. Also continuing to report invalidated debt to the credit bureaus, a violation of the FDCPA Section 809(B). Another $1000.00 fine. Shall I continue?

You should also be aware that I have checked with the State of Connecticut Department of Banking, Consumer Credit Division and have determined that your company is NOT licensed nor bonded to operate as a collection agency in this state. This is a violation of CT General Statutes Sect. 36a-801 and Sect. 36a-802. Your company and the original creditor will both be held accountable for this action. Please be notified that I am fully prepared to file complaints with both the Connecticut Attorney General’s office, the Georgia Attorney General’s office, the Connecticut Department of Banking ,the BBB and the Federal Trade Commission.

Lastly I would like to add that your company and the original creditor are both now in violation of the Bankruptcy Code § 362 which is a violation of Federal Law.

I demand that you remove this erroneous listing from any and all credit reporting agencies you use within 5 days of receipt of this letter and cease collection activity immediately or face a lawsuit against your company and the original creditor for numerous willful neglect violations as listed above.

Thank you for your anticipated cooperation in this matter.

My name

Cc: Federal Trade Commission, Consumer Complaint Division

Thurbert E. Baker, Attorney General, Georgia

Richard Blumenthal, Attorney General, Connecticut

Connecticut Department of Banking

Better Business Bureau

Sent CMRRR # 700601000006756100865

Yeah for me!!

Link to comment
Share on other sites

Ya know, you just gave me an idea. So, I looked up the licensing for Colorado, and it turns out this CA trying to collect about $8K in med bills is licensed in Colorado. But, here's something interesting.

"Every licensee must maintain an office in the State of Colorado which is open to the public during normal business hours where payments may be made and which has access to consumer payment records and client account records. This office may be shared with other businesses if certain requirements are met. " -- Colorado Law pertaining to CAs

I know for fact that this Wyoming-based CA doesn't have an "office" in Colorado. I wonder if they share resources with someone. If not, does that mean I can tell them to bugger off?

It also turns out that the other med debts I owe are held by CAs not licensed in Colorado... hehehe. Now I'm wondering if I should pay these at all. They expire (reporting) in 3 years.

Link to comment
Share on other sites

Just to be clear, they are not required to notify you before they report... contrary to what you said in your letter. Otherwise a nice letter, although each violation is not a $1000 fine.

Don't let them off the hook though. Force them to settle your claims by deleting the debt they have for you. Otherwise you'll just be dunned by someone else.

Link to comment
Share on other sites

  • 10 months later...
Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.