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Who has to be licensed the Atty or the Plaintiff in your state?


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Affirmative Defense "Plaintiff has not proven that they are authorized and licensed in the State of XX".

If I am being sued by the Plaintiff which is xxxx. and the Attorneys for the Plaintiff is xxxx and there is a # in parenthesis after each attorney name, is that their license # in our state?

Does the above Affirmative Defense apply to the Attorney, Plaintiff or either?

What I gathered from my searches was that I was to go to the AZ Dept of Financial Institutions to find out which Collection Agencies are licensed in AZ. If Equable is a JDB would they not also be listed under the Collection Agency or would they be classified as something else? Or am I looking in the wrong place?

So anyhow to the point, Equable is not listed among the other beauties with this Institution. Sooooo.......can I use the above Defense and what happens besides looking stupid if I use this defense and I shouldn't have?

Or should I not use it since the Attorneys have license #'s after their names?

Edited by basketcase
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The number next to attorneys name is the Bar #, basically meaning that they are licensed by the Bar Association to practice law in AZ. Read your state's statutes to find out if the collection company MUST have a license to collect in your state. In some they do, in some they dont. Who is the original creditor and how much is the debt?

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Well, i would not think so. If they were calling, sending letters, collecting---then yes. But now they have an attorney doing it for them. I believe in this case the attorney is collecting for their client. Its like if someone owes you money, you either collect yourself, or hire someone to collect for you. If the JDB was sending you letters, called you to collect, etc, then you can provide this as evidence. Otherwise, I would assume you have to research the attorney that represents them. When did you default on the account? Are you familiar with how arbitration works? I mean fighting them through court should not be difficult either, but requesting arbitration is faster and safer IMHO

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Tigra, I am not familiar with Arbitration. I looked over a few posts on it and felt even more overwhelmed. When you ask for Arbitration are you admitting to the debt? And when I googled it of course everything that comes up says that the creditors always win so that scared me! Can you give me any details on it?

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Tigra, I am not familiar with Arbitration. I looked over a few posts on it and felt even more overwhelmed. When you ask for Arbitration are you admitting to the debt? And when I googled it of course everything that comes up says that the creditors always win so that scared me! Can you give me any details on it?

Yes and no. You want to admit the existance of contractual relationship between you and the bank, but you do not want to admit that you owe the money they are suing you for.

Basically, almost every bank has an arbitration clause in their card member agreement. It basically states that if either party decides to resolve a claim related to the account through binding arbitration, then parties waive their right have a jury trial on that claim, and basically cannot continue to litigate on it. Chase removed arbitration clause from their current agreement, but I have an older one that has it. I can send it to you.

Some banks however waive your right to arbitrate on the claim that is pending in small claims court, which is where you are. I will check the agreement for Chase to make sure it doesnt have it, and let you know. If your arbitration right is excluded by the agreement when you are sued in small claims, then you will at least know that your only option is to fight through court

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