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WISCONSIN

 

Collection Agencies Frequently Asked Questions

1. Is a non-resident required to obtain a collection agency license?

A non-resident is not required to obtain a collection agency license if that person conducts collection business with state residents solely by means of interstate telecommunications or interstate mail. If a non-resident physically enters Wisconsin to solicit accounts from creditors or to collect accounts, that person is required to obtain a Wisconsin collection agency license and have a Wisconsin office.

 

2. What collection practices are prohibited in Wisconsin?

Prohibited collection practices for Wisconsin collection agencies are set forth in Wisconsin Administrative Code Bkg 74.14. Also, the Federal Fair Debt Collection Practices Act (FDCPA) sets forth specific prohibited debt collection practices. For more information about the FDCPA, please contact the regional office of the Federal Trade Commission.

 

3. Can a collection agency take legal action against a debtor in Wisconsin?

The creditor rather than the collection agency takes legal action against the debtor

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Try this website for Texas

 

http://www.powerhomebiz.com/guide/cases/catrinanach.htm

 

Here are web sites that may help you: http://www.lawdog.com/states/tx/st1.htm

 

http://www.carreonandassociates.com/collectionlaws.htm

 

Good luck!

 

Collection Agency Licensing Requirements:

A third-party debt collector or credit bureau may not engage in debt collection activities in the State of Texas unless it has obtained a qualified surety bond in the sum of $10,000 and file the same with the Secretary of State. (Fin. C. 392.101.) A "third-party debt collector" includes a debt collector as defined under 15 U.S.C. Section 1692a(6), as well as an attorney collecting a debt as an attorney on behalf of and in the name of a client if the attorney has nonattorney employees who are regularly engaged to solicit debts for collection; or regularly make contact with debtors for the purpose of collection or adjustment of debts. (Fin. C. 392.001(7).)

 

 

Links to Texas laws, government agencies, and organizations are included here http://www.lawdog.com/states/tx/sta9.htm . Always discuss actual cases with your actual legal advisor or legal department. The State Bar of Texas is linked here http://www.texasbar.com/ .

Edited by FPapiSalOC

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Thought I posted it but can;t find it here.

 

From http://www.state.nj.us/treasury/revenue/filecollagbond.htm

 

Anyone who is operating a collection agency or is in the business of collecting or receiving payment for others of any account, bill, or other indebtedness must annually file a Collection Agency Bond Application. The application will attest that a $5,000 bond has been filed with the State of New Jersey as required by statute.

 

When submitting the application, a finance statement from the surety company and an executed Power of Attorney form establishing the Attorney-in-Fact as the Surety's authorized legal representative must be attached. The fee for processing these documents is $25.00. Remember when filing, that two witnesses other than the principal are required for each signature.

 

Once the application is reviewed by the Attorney General's office, the registration of the bond will be mailed to you.

 

The application with all attachments and payment should be forwarded to:

 

NJ Division of Revenue

Collection Agency Bond Section

PO Box 453

Trenton, NJ 08646

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You can add New Hampshire to the list of states that DO NOT require bonding, licensing or fees for a collection agency to operate:

 

STATE: NEW HAMPSHIRE

INTEREST RATE

 

Judgment: 7.6%

STATUTE OF LIMITATIONS (IN YEARS)

 

Open Acct.: 3

For Goods: 4

Written Contract: 3

For Goods: 4

Domestic Judgment: 20

Foreign Judgment: 20

BAD CHECK LAWS (CIVIL PENALTY)

Amount due, interest, court costs, reasonable costs of collection & $10 per day (max. $50)

 

GENERAL GARNISHMENT EXEMPTIONS

50 x fed. min. hourly wage - All future wages are exempt so that the court cannot issue an ongoing order.

 

COLLECTION AGENCY BOND & LICENSE

 

Bond: No

License: No

Fee: No

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Oh and ...

 

as far as Delaware the 'tax-shelter" state where big businesses like to hide, your on your own, ;) I think their rules are as crooked as a $3.00 bill, I guess because their so small they'll do anything to create business, even at the expense of the rest of the American economy

I agree. I actually created a different thread RE: Delaware licensing requirements. Let's see if I can find the link...

 

Here it is: http://creditboards.com/forums/index.php?s...p=2501767

 

Hope this helps those of you in the First State.

+1

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Virginia Collection Laws Collection Agency Bond & Licensing Rules

 

 

Bond:$5000

License: Depends on Locality

Fee: No

 

Still trying to find a link as to how to verify agency bonded in VA.

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Louisiana Law now states that they CA just needs to be registered with the Secretary of State. You can look up licenses there.

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there is a state law forum here on CB.

 

please always check resource forums for federal laws, state laws, case law, to see if the information you're looking for is already listed.

 

the state law forum is primarily a resource forum, you should ask questions on the credit forum or PM me if the links are broke, I've tried to repair, update etc. but it's an ongoing issue.

 

Google is a wonderful tool ( your state name ) +Collection Agency license will normally bring up links telling CA's how to register with the appropriate state agency if it's required.

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