Naval50 Posted March 25, 2009 Report Share Posted March 25, 2009 Hello you all, this is my first post, but I'll try to keep it short. Just call me betty. I live in Tennessee. I have one big question.Nathan & Nathan P.C. (Google them to see their website), based in Birmingham, AL.I want to sue them for violating our states code... TN code 62-20-105. That's not having a debt collector's license. It's required in my state.However; 62-20-103... lists the exemption. 62-20-103. Exemptions. —" (a) The provisions of this chapter do not apply to: (1) Any person handling claims, accounts or collections under order of any court; (2) Attorneys at law; or (3) Any person engaged in the collection of indebtedness incurred in the normal course of business, or the business of a parent, subsidiary, or affiliated firm or corporation; however, no person who is or represents such person to be a collection service is exempt from this chapter."According to the BBB Nathan and Nathan p.c. is a "collection service".Is Nathan & Nathan a debt collector, and I can sue them; or are they attorneys at law, and I can't sue them. Thanks, and have a great day! Link to comment Share on other sites More sharing options...
Naval50 Posted March 26, 2009 Author Report Share Posted March 26, 2009 Nathan & Nathan send me a settlment offer that I pay 80% off my alleged debt. The interesting thing is, at the end the letter they claim, "This is a communication from a debt collector". So, I think an attorney who uses USPS, and claims to be a debt collector; is actually a collection service. Anybody agree/disagree? Any thoughts? Link to comment Share on other sites More sharing options...
ALVA Posted March 26, 2009 Report Share Posted March 26, 2009 They are both, I believe. They are attorneys that specialize in debt collection Link to comment Share on other sites More sharing options...
Naval50 Posted March 27, 2009 Author Report Share Posted March 27, 2009 Ok thanks, but... would they be required to follow TN code title 62 chapter 20, or would they be exempt?It seems since I could call them a collection service, (They call themselves a debt collector). That they would be require to follow 62-20-105, and be required to obtain a debt collection license. Work this argument fly in court. Does anybody have any experience with this? Link to comment Share on other sites More sharing options...
ALVA Posted March 27, 2009 Report Share Posted March 27, 2009 According to their website they are licensed in TNActively practicing collections law in all 67 counties of Alabama and all 96 counties in Tennessee http://www.nathan-nathan.com/areasOfPractice.asp You could try to disprove it I suppose Link to comment Share on other sites More sharing options...
merrybucks Posted March 27, 2009 Report Share Posted March 27, 2009 or would they be exemptAs attorneys they would be exempt. Link to comment Share on other sites More sharing options...
cjtx Posted March 28, 2009 Report Share Posted March 28, 2009 You need to see case law to see how the courts have interpreted similar cases.From the plain language of the statute, it seems like they may not fit your state's definition of "debt collector" who need a license because of the exception for attorneys. You need more information to be able to prove that it's a CA with in-house attorneys so you can claim there is a license requirement.However, under FDCPA, they are considered "debt collectors" and you could sue for other violations under FDCPA. Link to comment Share on other sites More sharing options...
KentWA Posted March 28, 2009 Report Share Posted March 28, 2009 One big thing to determine is how they operate in your state. Although they say they operate in the state the question really becomes are they admitted to the Bar and/or do they have a Collection Agency license.If they are based in another state and not admitted to the bar of your state. Yet have a colloction agency license they are going to likely have a hard time advancing the arguement that they are exempt. Link to comment Share on other sites More sharing options...
ALVA Posted March 28, 2009 Report Share Posted March 28, 2009 If they are based in another state and not admitted to the bar of your state. Yet have a colloction agency license they are going to likely have a hard time advancing the arguement that they are exempt.If they have a debt collector's license in TN the whole thing is moot. He is wanting to nail them for not being licensed in TNI want to sue them for violating our states code... TN code 62-20-105.That's not having a debt collector's license. It's required in my state.I do not see then listed in the TN database of licensees http://licsrch.state.tn.us/default.aspx Link to comment Share on other sites More sharing options...
Naval50 Posted March 28, 2009 Author Report Share Posted March 28, 2009 Wow!! This website is incredible, the amount of stuff you can learn is truly astonishing. Thanks everybody.Back to the case at hand. Here's little bit of info you might find helpful. The OC is Cap One (big surprise right?) National Attorney Network is definitely involved. Not sure it that's really important.They do NOT have a TN debt collector's license. While I understand I could sue for the FDCPA violation(s); I think it would be more... profitable, if I could sue for the tn violations.On their website they list affiliations with debt buyer's association.Two of their attorney are currently admitted to the TN bar.Case Law? I been using precydent an searching for opinions, but I am not having in luck. anybody know of any cases that are similiar. Link to comment Share on other sites More sharing options...
merrybucks Posted March 28, 2009 Report Share Posted March 28, 2009 Two of their attorney are currently admitted to the TN barThat's all they need in order to file suit. Link to comment Share on other sites More sharing options...
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