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Reported CA for trying to collect in Texas when not bonded and registered


gretchenann50
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Their response is that they are not required to be bonded and registered because the debt was incurred in Ca. while I lived in Ca.- same old song and dance-

they now state that they did not "Dun" me in Texas so they are not in violation. This is their response to the Ca. Attorney General- I haven't contacted the Tx. Attorney General's Office or the Secretary of State yet- but I know from past experience- TX does take this seriously and they WILL open a case on them- GEEZ

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My question to the OP is this:

 

Why did you bother reporting to the CA Attorney General? Since you are NOT a resident of that state and don't pay taxes there, they couldn't give two s***ts about you.

 

 

Always report to your state attorney general first. Especially if you know that your AG's office will take action.

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Since they are not bounded in Tx, and you defaulted in CA, send them a letter cmrr, disputing the debt and informing them of your new address. If they contact you again, then it will be a violation since they now know for fact that you live in TX, right now they can argue they didn't know you moved. Also if you do have evidence that they know you live in TX then go to the AG of TX, CA AG is completly off the hook, is TX law.

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Dear IstStep,

Thank you SO much for the helpful response ! I must've misunderstood a post on this site called "Requirements fo CA's by State" by NanaC" which advises that often there are 2 States to deal with, the Collection Agencies State, AND the State where you live. It also advises if the are required to be licensed, bonded etc. and are not, to report them to BOTH their State AND your States appropriate agencies. I must have missed the part in her post that said not to bother reporting them to their State if you do not live their because they couldn't give two s**ts about a non resident, non-taxpayer. I also obviously missed the part that advised to report to my States AG FIRST. Thanks for clarifying.

 

kutuzov,  I advised them of my address when I disputed the debt, letter sent cmrr, so they new prior to sending me a bill that I am a Texas resident. :) Thank you ! :)

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Let's cut to the chase.  Where you a legal resident of Texas when they called or wrote you a letter.  If it was a call was it a Texas number and if it was a letter was it addressed to you, in Texas.

 

I've sued several times, in Arkansas, for failing to be licensed and win every time.   Of course they give some b.s. about how they are exempt and of course it is always b.s.

 

 

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Basically what Coltfan said. If they actually send a letter with a TX address, or called a TX number then they tried to collect without a TX licence. If that's the case then file a complaint with TX AG, and run don't walk to the neareast Federal court. I sued a JDB for beeing unlicenced, among other things.

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You have the best evidence against them.  #1 is the TX statute.  #2 is their own letter where they state they don't have to be bonded and registered.  That shows that not only do they know you are a TX resident, but they willingly disobeyed the TX law.

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Yes and thanks for the replies Coltfan, Kutuzov, BV80-

I gave them my correct (Texas) address when I originally disputed and requested validation, to which they responded by letter to the Texas address :)

 

They also state that this is a joint account, I asked for documentation regarding this, as I am a Widow and there is no one else who could have possible been on this account with me-

my kids went to a Christian School while I was working out of town in Ca., they were withdrawn from the school and enrolled in another school, but I continued to be charged tuition, lunches,milk, snacks etc. AFTER they were withdrawn. I have documents proving this.

 

My next silly question is," How do I sue them as well as the other CA in CA that is not registered/bonded" ?

Do I go to small claims court since it's Texas Law they are in violation of ?

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You have the best evidence against them.  #1 is the TX statute.  #2 is their own letter where they state they don't have to be bonded and registered.  That shows that not only do they know you are a TX resident, but they willingly disobeyed the TX law.

This is worth $1000 for violating the FDCPA.

 

They also state that this is a joint account, I asked for documentation regarding this, as I am a Widow and there is no one else who could have possible been on this account with me-

my kids went to a Christian School while I was working out of town in Ca., they were withdrawn from the school and enrolled in another school, but I continued to be charged tuition, lunches,milk, snacks etc. AFTER they were withdrawn. I have documents proving this.

 

My next silly question is," How do I sue them as well as the other CA in CA that is not registered/bonded" ?

Do I go to small claims court since it's Texas Law they are in violation of ?

About the CA:

 

Wonder if you could sue separately for punitive damages for 'emotional pain and suffering' because of the 'joint' account status.

You've been to the doctor because this has been causing you trouble sleeping at night.... right?

I say separately because with FDCPA suits, the damages max out at $1000 total.

 

About the School:

 

Did your kids go to a school in TX while you were working in CA? Were they withdrawn to go to school in CA?

I'm wondering if there's some kind of clause with the first school that says you've got to pay the whole year anyway, even if you withdraw them.

Do you have the original contract with the school? If so, look for that terminology. There might be something that if you move more than 50 miles away that they have to release you from the clause, if that clause exists....

 

Not sure you can sue them for this.

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Yes and thanks for the replies Coltfan, Kutuzov, BV80-

I gave them my correct (Texas) address when I originally disputed and requested validation, to which they responded by letter to the Texas address :)

 

They also state that this is a joint account, I asked for documentation regarding this, as I am a Widow and there is no one else who could have possible been on this account with me-

my kids went to a Christian School while I was working out of town in Ca., they were withdrawn from the school and enrolled in another school, but I continued to be charged tuition, lunches,milk, snacks etc. AFTER they were withdrawn. I have documents proving this.

 

My next silly question is," How do I sue them as well as the other CA in CA that is not registered/bonded" ?

Do I go to small claims court since it's Texas Law they are in violation of ?

 

I take it the alleged debt the CA is trying to collect is from that school?   How did you try to work out the problem with the school?  Is this debt on your CR?

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Hi BV80, yes, I did contact the school, they referred me to the Collection Agency- I asked for documentation from them because they say it is a joint account, but like I said, with whom ? I am not married and was widowed 12 years ago- not sure why they don't want to

work with me,I'd again be happy to pay anything I may owe them, but not after the kids were withdrawn from school-

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Yeah, we'd all rather make up our own criteria for paying our bills.

 

I'll ask again: 

 

I'm wondering if there's some kind of clause with the first school that says you've got to pay the whole year anyway, even if you withdraw them.

Do you have the original contract with the school? If so, look for that terminology.

 

It's really that simple.

 

Thank you.

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Oh OK Rock Daddy, sorry, I missed that question in your previous post- no I do not have the original contract- it may be in storage in CA- I have requested a copy of the original contract but haven't received a response. It's been a few years, but I do not remember any thing to that effect- I remember going to the office and notifying them that we were moving, and them requesting I withdraw the kids via letter as well- that's all I can recall. It's not thant I'm making up my own criteria- I followed the instructions for withdrawing the kids per their financial dept.- step by step-

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