I recommend you follow these steps while your first round of disputes are processing at the CRA’s and/or you receive a notice from a CA that money is due. This is intended for Collection Agencies only!
Warning: DO NOT accept the word of the CA in this situation! Do NOT call them and ask them if they are legal/bonded/licensed! (I SUGGEST YOU NEVER CALL A CA FOR ANY REASON!) Find out for yourself if they are legal to operate as a CA in the state in qustion!
NanaSi's Notions on State Law:
1. Go to www.lawdog.com and find the appropriate state(s). Be sure to check for the state you live in and the state the CA is in. Everything we discuss must be done twofold – in the state the “debtor” (you) are located in and the state of the CA. Look at the "debt collections" or "collection agency" link and see if that state has specific laws regarding CA's.
2. The results under the link will either be:
A. license required
B. bond required
C. both license or bond required
D. nothing required
In addition, a quick guide has been listed in this thread: http://www.creditboards.com/...t=128
3. If a license is required, you’ll want to search and see if the CA in question has a valid license. Most states have an online license search. You’ll find them usually by finding that state’s attorney general website and looking for licensing. To find an attorney general’s website, simply do a google search with the “state” and words “attorney general,” for instance, search “Texas attorney general.” If a license is not found, the CA is probably not legal to pursue you for collection activities. PRINT OUT THE PAGE SHOWING NO LICENSE!
4. Get this letter sent our (modified with your specifics) sent CRRR http://www.creditboards.com...=4924 right away!
5. If a bond is required, contact the person (in Texas, it’s the Secretary of State) and find out if the bond has been properly filed by the CA. In most cases, you can even email them and find out. If no bond is filed, ask the contact person for cerification of NO RECORD. For a small fee, they should send you a certified letter stating the CA has no bond on file. This likely makes them illegal to pursue collections against you.
6. Get this letter sent our (modified with your specifics) sent CRRR http://www.creditboards.com/...t=4924 right away!
7. If both a license and a bond are required, then do both #3 and #5 and send letter if appropriate with ALL violations!
8. If the state does not require licensing or a bond, do a search for the attorney general in the states in questions, and find out how to file a consumer complaint. Then, file it with the state.
9. However, I emphasize again…you usually have TWO states to work with: the state you reside in and the state where the CA is located. Follow the procedures completely for BOTH states.
10. If you find out the CA is licensed properly, find out if there is a CA regulating board in that state at the Attorney General’s website and file a complaint of violations by that CA. They will investigate your complaint and have the power to admonish (discipline) the CA. Often, this leads to deletion of the entry from your CR and the end of their collection activities against you. A word of warning: If you file a lawsuit, the regulating boards will likely not assist you further and it takes up to 45 days for a response!
11. If you find that the CA is operating illegally in any manner, send NanaSi 3 million dollars for writing up this info. heehee.
12. Watch the entry disappear. (I hope)