Creditor1234 Posted April 10, 2012 Report Share Posted April 10, 2012 My question is whether it violates the Rosenthal Act for an out-of-state law firm to collect in CA without a physical presence within the state. Would hiring a CA licenced attorney to work within the state be enough to collect in CA?In Minnesota, as I understand it, in order to sue to collect an outstanding debt, a law firm must have a physical presence within the state where the party receiving a complaint can send an answer. Is there any such rule in California? I have been unable to find any corresponding rule.Thanks for your help! Link to comment Share on other sites More sharing options...
1stStep Posted April 10, 2012 Report Share Posted April 10, 2012 No. As long as the firm registers w/ the Sec of State, then there's no violation. If they haven't it's a violation of the corporations code and the FTB will enforce that... Link to comment Share on other sites More sharing options...
Creditor1234 Posted April 10, 2012 Author Report Share Posted April 10, 2012 Thanks very much. Link to comment Share on other sites More sharing options...
WhoCares1000 Posted April 10, 2012 Report Share Posted April 10, 2012 The company itself does not have to have a presence in the state but usually must register with the secretary of state for the state they wish to do business in and have a named registered agent whose job it is to accept legal notices and filings for the company in that state. Link to comment Share on other sites More sharing options...
Seadragon Posted April 11, 2012 Report Share Posted April 11, 2012 That's all they have to do here in Ca. Link to comment Share on other sites More sharing options...
Creditor1234 Posted April 11, 2012 Author Report Share Posted April 11, 2012 Thanks for the responses. Could someone point out some authority on this issue? thanks again. Link to comment Share on other sites More sharing options...
1stStep Posted April 11, 2012 Report Share Posted April 11, 2012 Corporation Code Section 2105 Link to comment Share on other sites More sharing options...
Recommended Posts