Registered for Business with State

[brokeinok]

Okay... I've searched all the databases for my state and cannot find any variation of the name of a certain credit card company that is attempting to sue me. Our statutes require all foreign corporations to register with the Secretary of State.

Can I use this in my answers, defenses or counterclaims? If they are not registered then they cannot legally use the State courts to file can they?

[cjtx]

Sorry. It seems like OK doesn't require a license or a bond to collect.

I found this state by state debt collector bond/license requirements:

http://debtcollectorlicense.blogspot.com/2006/11/national-debt-collector-license.html

[brokeinok]

Not talking about a license to collect, talking about registering to conduct business with the state and whether that also translates into the ability to file a suit in the state, using the state courts.

[trueq]

I think he was asking about the credit card company.

Credit card companies alleging to be plaintiffs need to prove standing if you challenge it in an affidavit.

absolutely

without exception, the plaintiff must

always, prove two concepts:

1) standing - i.e. has a legal right and authority

to sue in that court

2) and damages -i.e. what has been lost because of you

and have a right to recuperate.

Standing can, never, be established, only,

on the pleadings of an attorney

We are, mostly, sued by a corporation, whatever its variations may be and, most often,

by the debt collectors.

In order for a corporation to have full standing

necessary for capacity as a party plaintiff,

the following must be true:

the corporation, a legal fiction, or fictional persona, must:

(1). appear through a

bar-admitted attorney,

(2). Have

sufficient contacts with the forum state

to avail itself

of the forum state’s courts, requiring either

(a). to be licensed when such is required

(so, always, check if anyone who sues you

must have a license?)

or

(. minimum contacts which means a regular systematic way of doing business in the forum state such

as “storefront” or “branding”

and business presence such as yellow pages listings.

Also, the name used to establish sufficient contacts

must be identical to the name used in the style

of the pleading,

(3)

Since corporations cannot be presumed to have

any particular capacity to do anything,

the corporation’s charter must be in evidence

(if challenged) to show

(Always get a copy of the complete corporate charter

of the corporation that sues you!)

(i) that the corporation is authorized to engage

in the activity that the suit is about,

and

(ii) that the corporation’s legal representative is authorized

to prosecute legal actions in the name of the corporation,

and

(4). The corporation must be in actual possession of any

written instrument giving rise to

an actionable controversy.

(i.e. There must be the original document which proves

what the plaintiff claims you signed

and you are

liable for

or

owe by the virtue of violating that Contract or Agreement.)

Elements of standing can be

prima facie,

meaning presumptively true, but if challenged,

must be proved through

de facto,

not prima facie, evidence.

Always dispute and challenge standing even if you think it exists!!!

I'm not a lawyer, just a general pain in the A** to debt collectors thinking that suing me is a good idea.

Remember just because you are smart enough to raise this point does not mean the judge will listen to it. You will have to assert it every chance you get. If they ignore, gives great grounds to appeal. Lack of standing can destroy any judgement on appeal.

Kevin S.

[StressPot]

I'd still check the state law books to be absolutely sure. The Statute of Limitations listing on THIS website for the state of WA is *WRONG*, so please - do not believe everything you read on the web (unless it's from a .gov website, and even then...heh.)

StressPot

[brokeinok]

I think he was asking about the credit card company.

.

She... she... I'm a she.....

[trueq]

I usually try to keep it neutral because I don't want to ask or want to know.

That one slipped by me.

Just chalk it up to my lack of editing form vs. focusing intensively on content.

[brokeinok]

I'd still check the state law books to be absolutely sure. The Statute of Limitations listing on THIS website for the state of WA is *WRONG*, so please - do not believe everything you read on the web (unless it's from a .gov website, and even then...heh.)

StressPot

I got my info straight off the state courts network site, updated statutes.

[cjtx]

brokeinok,

What trueq says and what you think is correct as far as most corporations go. However, national banks and other financial institutions (I bet your OC falls within that category), are not required to keep a registered agent in your state. Therefore, they are not required to be listed in any of your state's databases.

[brokeinok]

But they are required to register as a business entity with the Secretary of State here, I just found that and no variation of their name is registered as an official entity.

In addition, the petition is not filed under their "legal" incorporated name with the Dept of Treasury as a national bank. So, what trueq says still applies.... maybe a typo but it's still not accurate and I plan on pointing out to the judge every single, tiny, miniscule, little bitty thing this imbecile of an attorney does wrong.

What was it nascar said.... they've woken up a sleeping giant. I've researched this law firm in my state. This is all they do -- collection law, suing debtors. In the 143 cases over the last five years, they have only been challenged in court eight times and they lost all of those or were forced to dismiss with prejudice because they screwed up. Like so many of their ilk, they are looking for a scared, confused debtor who won't show up in the courtroom or answer the summons.

My damages and counterclaims for violations are 10x what the balance on this debt is. If they'd worked with me when I was trying to reach a settlement, they would have been much better off.

[cjtx]

There are several exceptions to the requirement to register with the secretary of state, and they are sanctioned under federal law.

For example, banks that have n.a. or national association in their name need only be registered with the comptroller of the currency.

[brokeinok]

Still back to the original thing though.... that isn't what the summons says. It isn't the "legal" name they do business under and it has no N.A. after it.

[brokeinok]

I have a generic copy of the CC agreement and the name on the petition isn't even the one on the CC agreement (which also doesn't say N.A. or national association on it)

[trueq]

Federal exceptions from state licensing DOES NOT GRANT the company standing in state court.

If the company does not meet the licensing requirement as an artificial person under state law, it must prove minimum contact requirement in many states.

If defendant asserts lack of standing by Plaintiff, Plaintiff must PROVE standing to the court.

By license or minimum contacts requirement, this can be a difficult task for Plaintiff debt collector.

[cjtx]

True for a debt collector. But this is an OC who can easily claim interstate commerce, produce a bill, etc..

[brokeinok]

But we are still back to the beginning.... the petition was NOT filed under any name in which they are licensed for interstate commerce or anything else.