edmond Posted March 31, 2011 Report Share Posted March 31, 2011 Can you be sued by a creditor that's not licensed in your state? Link to comment Share on other sites More sharing options...
Recovering Attorney Posted April 2, 2011 Report Share Posted April 2, 2011 you mean resurgent isn't authorized by your secretary of state to do business in your state? If they aren't, the answer is "depends." but add a defense that the plaintiff lacks legal capcity to bring and maintain the action. And go look up your LLC statute. Link to comment Share on other sites More sharing options...
edmond Posted April 2, 2011 Author Report Share Posted April 2, 2011 (edited) No it is still within the LLC statute as it is only since Dec 2009. No they are not licensed by the state bureau of licensing and regulations in michigan.The creditor is based out of P.A and loaned money to me to add all my credit bills into one payment. In michigan not working now due to sickness,not able to pay back.They was last licensed to do business in michigan in July 11 2007 got loan in March of 2008.Received letter from lawyers out of ohio.Did D.V them received reply. Last payment made was Dec 2009.Their paper work showed payment made June 2010.Incorrect I have sent them another letter. Letting them know they have listed some things as incorrect.Waiting on response again.I got a letter from them for a 60% settlement not going to take it. Edited April 2, 2011 by edmond added Link to comment Share on other sites More sharing options...
nobk4me Posted April 2, 2011 Report Share Posted April 2, 2011 I think you are confusing LLC statute with the statute of limitations (SOL). The debt may be within the SOL.But the LLC statute is where your state places requirements on foreign (meaning out-of-state) LLCs with regard to registering, licensing, or paying fees and taxes. If they don't do those things, they may not have the right to use the courts in your state. Link to comment Share on other sites More sharing options...
edmond Posted April 2, 2011 Author Report Share Posted April 2, 2011 Thanks for clearing that (LLC) up for me.I had checked with the Bureau of Licensing and Regulation in michigan.Checked with the Better business also for info on them.Showed they was not licensed in the state.Monday i will do more checking anyplace else i need to know to ask about? Link to comment Share on other sites More sharing options...
edmond Posted April 4, 2011 Author Report Share Posted April 4, 2011 Talked to attonery today.The creditor has to be licensed in the state(Credit One Financial).They sold the debt to LVNV funding LLC.Then it went to Weltman, Weinberg and Resis.They contacted me I D.V them all the info they sent was incorrect.They are trying to reage the debt.But i still have 5years on the SOL.No licensed.One time they were licensed but i guess they forgot to renew it. Link to comment Share on other sites More sharing options...
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