Johnjay

PRA is not licensed to collect in Michigan to collect debt.

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Portfolio recovery associates LLC is based out of Norfolk Virginia and has sued me in Michigan. Just got done with motion for summary judgment they filed. I have denied the owning the account or having knowledge of it. At motion I asked it be Deni for several reasons most important that they have no original agreement in their suit against me signed or otherwise between me and the original creditor. Judge gave them three weeks to come up with it. Now I find out they don't even have a license to collect in Michigan so im not sure how to proceed at this point? Here is a copy of email I received from LARA in Michigan. 

Good morning,

 

We don’t have a collection agency license for Portfolio Recovery Associates LLC.

 

Sincerely,

 

Cindy K., Licensing Technician

Licensing Team #4

Bureau of Professional Licensing

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1 hour ago, Johnjay said:

At motion I asked it be Deni for several reasons most important that they have no original agreement in their suit against me signed or otherwise between me and the original creditor. Judge gave them three weeks to come up with it.

Be glad the Judge went for that.  There is NO signed contract in a credit card debt case.  Most courts know that and toss that argument out.  

1 hour ago, Johnjay said:

Now I find out they don't even have a license to collect in Michigan so im not sure how to proceed at this point?

PRA is registered in all 50 states.  They use several corporate names to register.  You would have to figure out which one they used in MI.  Even if they are not licensed it does not preclude them from hiring a law firm to represent them and sue you.  Suing is a contractual right not a collection activity.  And if they are not licensed that is between them and the state.  You have no private right of action.

Who is the original creditor they say they bought the debt from?

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All you can do about the licensing issue is report them to LARA.  It will likely have no effect on the lawsuit, assuming the info you received is correct (which I doubt anyway).

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LARA site is terrible, but, as we saw in Colorado, this looks like it applies to a collector working out of physical location in-state.

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