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SwaggTX

Cleaning Reports TX Style in Record Time

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I have several baddies on my report and would like to quickly rid them off all 3 reports. I read the Mother TX thread and several others based on TX law and I'm ready to give it a go. The baddies I have on my report so far are as follows:

 

Procollect, Inc - Apartments I moved out of in 2006. The management company changed the month I moved out. The previous management company recieved my 60 day notice.

 

AFNI - ATT Mobile Collection

Debt Recovery Solutions - T-Mobile Collection

Collection Company of America (CCA) - ATT Home Service ****NOT BONDED****

NCO Financial Services (3) - Reliant Energy, 2 Medical Collections with Memorial Hermann Hospital

 

1st Financial Bank USA - CO'd and DOLA reported as03/2006

 

 

I have my TX DV letters ready to go for the CAs, not sure how to handle 1st Financial USA since they are the OC. They do call my parents house to try and collect still.

 

Also, I'm sure Collection Company of America is going to ignore based on what I've been reading, so I'll be sure to follow up with complaints to the BBB, Tx AG and Cal AG.

 

 

 

I want to get most of this done within the 60 days alotted by Tx Law. I've printed out the TFC and BCC. I have also ready up on many of the threads in the HIBS section. I plan to get a couple of books to assist if I need to take any of the CAs to court.

 

If proper validation is not met and the entries aren't removed I do plan to file suit. There-in lies my problems. I am in The Woodlands, Tx. which is Montgomery County. There is the County Court and the District Courts, but I have no idea which one to file in. There are 5 County Court at Law and 7 District Courts. How would I research where to file?

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Whether you file with the County Courts at Law, or the District Court for your judicial district, the original petition will be filed with the County or District Clerk and then assigned to a specific court. If you are trying to determine what venue language to include in your DVs, I would simply state something to the effect of "Venue shall reside in Montgomery County, Texas." That should be sufficient forum selection for the purposes of your DV letter; you can decide which forum -- County Court at Law or District Court -- if need to file suit should arise.

 

 

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IIf proper validation is not met and the entries aren't removed I do plan to file suit. There-in lies my problems. I am in The Woodlands, Tx. which is Montgomery County. There is the County Court and the District Courts, but I have no idea which one to file in. There are 5 County Court at Law and 7 District Courts. How would I research where to file?

 

All civil cases which the District Courts of Montgomery County have exclusive or concurrent jurisdiction shall be filed in the District Clerk's office located at 300 North Main, Conroe, Texas 77301. These rules shall be applicable to all civil cases filed in the District Courts of Montgomery County.

 

http://www.co.montgo...rts/index.shtml

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Whether you file with the County Courts at Law, or the District Court for your judicial district, the original petition will be filed with the County or District Clerk and then assigned to a specific court. If you are trying to determine what venue language to include in your DVs, I would simply state something to the effect of "Venue shall reside in Montgomery County, Texas." That should be sufficient forum selection for the purposes of your DV letter; you can decide which forum -- County Court at Law or District Court -- if need to file suit should arise.

 

 

 

 

IIf proper validation is not met and the entries aren't removed I do plan to file suit. There-in lies my problems. I am in The Woodlands, Tx. which is Montgomery County. There is the County Court and the District Courts, but I have no idea which one to file in. There are 5 County Court at Law and 7 District Courts. How would I research where to file?

 

All civil cases which the District Courts of Montgomery County have exclusive or concurrent jurisdiction shall be filed in the District Clerk's office located at 300 North Main, Conroe, Texas 77301. These rules shall be applicable to all civil cases filed in the District Courts of Montgomery County.

 

http://www.co.montgo...rts/index.shtml

 

 

Thanks RenewingMe and mastergunner!!! I'm sending off my DV's this weekend. I used the template and modified it to fit my content. Once I receive the green cards I will dispute with the CRAs. I wonder how fast I can get this done. I will keep you guys/gals posted!

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Afni, procollect, nco were all easy under the tfc

 

for the one not bonded, send ur proof of no bond from the tx sos directly to the cra's and they will delete

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You're welcome. I'm in Texas, too. Here's a link for the Montgomery County Clerk's Office: http://www.mctx.org/cclerk/index.shtml. Whether you file pro se or engage an attorney, it's a good idea to review the local rules for both the County Courts at Law and the District Courts. Judicial profiles are hyperlinked. Good luck to you!

 

Thank you I am reviewing them now. I had a hard time finding the filing fees, but alas I found them here. http://www.co.montgomery.tx.us/dclerk/newsuits.shtml and from the looks of it, it will be $277. Cound someone review that link because it says without service. Does a CA and Bonding Co. need to be served?

 

For AFNI use BBB it works in less than a week.

 

Thanks. I plan to use the TFC. I don't want them selling it and just having to do this process all over again. It's longer, but provides more protection.

 

Afni, procollect, nco were all easy under the tfc

 

for the one not bonded, send ur proof of no bond from the tx sos directly to the cra's and they will delete

 

Would they be able to sell or re-assign it elsewhere?

 

You're welcome. I'm in Texas too....

 

And +1 what Wow said!

 

What part? I'm originally from Dallas, then Houston by way of U of H (((Go Coogs))), and now in the Woodlands. I do miss home dearly!

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Afni, procollect, nco were all easy under the tfc

 

for the one not bonded, send ur proof of no bond from the tx sos directly to the cra's and they will delete

 

REALLY?? I had another thread on a CA that is not bonded adn I was told by other CBers that it's not enough to gain a deletion. I sent them a DV and pointed out that I knew they weren't bonded and they needed to delete and they responded with fairly sufficient validation, a demand for payment and made no mention of the fact that they were breaking Texas law by continuing their collection efforts without having a bond.

I was hoping I could use the no bond thing to get them off but kept getting feedback that it wouldn't work that way and that I needed to get them on other violations. So you're saying if the CA won't delete, I can send proof that the CA isn't bonded to the CRA and they will delete it for them?

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Afni, procollect, nco were all easy under the tfc

 

for the one not bonded, send ur proof of no bond from the tx sos directly to the cra's and they will delete

 

REALLY?? I had another thread on a CA that is not bonded adn I was told by other CBers that it's not enough to gain a deletion. I sent them a DV and pointed out that I knew they weren't bonded and they needed to delete and they responded with fairly sufficient validation, a demand for payment and made no mention of the fact that they were breaking Texas law by continuing their collection efforts without having a bond.

I was hoping I could use the no bond thing to get them off but kept getting feedback that it wouldn't work that way and that I needed to get them on other violations. So you're saying if the CA won't delete, I can send proof that the CA isn't bonded to the CRA and they will delete it for them?

 

I think that's what she's saying. I'm not sure if I'm going to DV them or not. I would love for them to fight back so I can slap it to them in a court room. I'd try disputing with the CRA and the proof of no bond with the TX law all sent to the CRA. I would think they would delete. Otherwise, they are negligible as well.

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Here's my Texas DV that will be sent to all of the CAs with the exception of the ProCollect, Inc. The verbage at the end of paragraph one will be changed to ask for lease agreement and any other history with those apartments.

 

 

 

 

 

 

 

 

XXXX Address

 

XXXXXXXXXX

 

 

 

February 18, 2011

 

[ADDRESSEE]

Re: Your Account No. [ACCOUNT NO.], Original Creditor – [OC]

 

To whom it may concern:<br style=""> <br style="">

 

In performing a reviewing my credit reports, I noticed that your company is reporting the above-referenced account in the amount of $[AMOUNT REPORTED] to Experian, Equifax, and Trans Union. I believe that the trade line you are reporting, including the alleged amount owed, is incorrect. I dispute the debt in it entirety and request validation of this account through the use of competent legal evidentiary material that shows I have some contractual obligation to pay you the reported amount. In your return correspondence please include all documents associated with this account. Specifically, but not limited to, any documents or other legal instruments bearing my signature, date the account was allegedly opened, and a billing statement showing all charges that you claim I owe from the original creditor.<br style=""> <br style="">

 

Per Texas Finance Code 392.202, you have 30 days from your receipt of this tracked letter to validate the debt. If you can not or will not validate this account properly in 30 days, Texas Finance Code 392.202(d) requires the tradeline must be deleted from any and all credit reports/reporting bureaus you may do business with. You are not to sell, transfer, assign, or share any information about me, or this alleged debt with anyone else.

 

Be advised you are here by put on the 60 day notice of "right to cure" as allowed under the Business and Commerce Code (BCC17).

 

Failure to timely and fully validate this alleged debt will result in an actionable offense(s) under Texas state law, in which damages will also be sought under § 17.41 Deceptive Trade Practices-Consumer Protection Act of the Business and Commerce Code (BCC17). Those damages are subject under Texas law to a trebling upon a showing of gross negligence. Should legal action be necessary, venue shall reside in Montgomery County, Texas. Upon a favorable finding in the Montgomery County courts, claim will be made against the bond. There are no federal questions being raised in this matter and any attempt to remove an action to Federal Court will be challenged.

 

My request for validation does not authorize your company to pull my credit report – whether "soft" or "hard" – from any credit reporting agency.

 

This document is also to serve as notice that the only form of correspondence I am willing to receive from your business is through the United States Postal Service at the address listed in this letterhead. Telephone calls to my home or place of employment are inconvenient.

 

I retain the right to use this correspondence and all following communications in any court proceedings arising in regard to this account.

 

Thank you for your time.

 

 

 

Sincerely,

 

SwaggTX

 

 

 

CC: Bond Co.

 

 

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As always YMMV but I was able to remove 4 CA's that weren't bonded that were actively reporting and updating multiple accounts every month by sending a dispute and certified no bond from the tx sos directly to the cra's

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Update:

 

Fired off Texas DVs today CMRRR. They guy at the USPS told me I would get online delivery confirmation starting Tuesday since Monday was a holiday and that I should expect to start receiving the green cards throughout the week. He said the P.O. Boxed addresses would come as they picked up the mail. Once I receive all 5 green cards back I'm going to copy the bonding companies with a cover-letter, the letter sent to the CA, and a copy of the green card letting them know the time is ticking for their client.

 

Question, I want to hold the CA to the 60 day time-line, but also read the bonding company can be named in the lawsuit. Do I need to CMRRR the bonding company and put them on a 60 day window? I know it's possible, but is it necessary? Shouldn't I keep the CA on the time-line and just make a claim against the bond if necessary?

 

 

I'm also going to dispute the CRAs once I get the green cards back. Can I just CM them without RRR? I would have no reason to take them to court. My goal is to make the CA validate the debts within the boundaries of the law. If I need to CMRRR that would be only 3 CMRRR right since I can dispute multiple issues with each CRA?

 

In the case of no bond CCA, if I get no response, ITS goes out on day 35 to CCA and OC. Do I need to give the OC (ATT) 60 days notice to cure as well here? If no response to ITS from legal then day 65 I will be filing in District Court. I don't plan to go through the BBB. After reading these boards I'm kind of hoping they try me so I can nail it to them for all the people who had to deal with their B.S. tactics and unlawful behavior.

 

For everyone else, if no response or proper validation is received then ITS is sent out to their legal warning them they are running into the 60 days to cure deadline. After 60 days I file and at that point I would need deletion and settlement offer to drop suit. And a bonus check for NDA. I'm not sure why nobody taxes them for having to sign an NDA, but I'm going for double settlement offer if they want me to hush up about it as well.

 

I predict they will all fold. All debts are past 4 year Texas SOL and are under $1000. But if they want to play with fire I will bring the fuel to the flame.

 

 

I'll be researching case law and filing pro-se unless I can get an attorney to pick it up. Now it's the waiting game until next month...

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You have put them on the 60 right to cure notice in your letter. Always send CMRRR with anything credit related. You can send the letter to the OC AFTER there is no response. The reason is that the TFC392 allows the OC to now be dragged into court. Once they are made aware of the illegal collection, they should intercept on your behalf.

 

I would send the bonding company a letter stating that this is in dispute and you have given them 30 days notice to validate AND also let them know that the CA has been notified under the BCC 17 of the 60 day right to cure the deficiency.

 

Do not give them anymore warning (legal) Let them find out once you file.

 

Centex has always advocated including the bond company as a CC to the original letter. I have always done this. Its very sage advice. Having said that, IF they fail to validate and ignore you - letter to the bonding company stating you are filing suit for violations of the TFC392 & BCC17 and IF they want to intercede on behalf of their client to settle this amicably you are open to negotiations. You can also tell them if you have a favorable outcome in court you will be filing a claim against their bond.

 

IF this gets that far with an NDA - make sure that they add in the applicable taxes. You WILL get 1099'd for a settlement. Make sure that the taxes are paid on it by the violator.

 

Remember the TFC392 states they MUSt respond with something. They CANNOT ignore you. If thy do - violation.

 

 

Update:

 

Fired off Texas DVs today CMRRR. They guy at the USPS told me I would get online delivery confirmation starting Tuesday since Monday was a holiday and that I should expect to start receiving the green cards throughout the week. He said the P.O. Boxed addresses would come as they picked up the mail. Once I receive all 5 green cards back I'm going to copy the bonding companies with a cover-letter, the letter sent to the CA, and a copy of the green card letting them know the time is ticking for their client.

 

Question, I want to hold the CA to the 60 day time-line, but also read the bonding company can be named in the lawsuit. Do I need to CMRRR the bonding company and put them on a 60 day window? I know it's possible, but is it necessary? Shouldn't I keep the CA on the time-line and just make a claim against the bond if necessary?

 

 

I'm also going to dispute the CRAs once I get the green cards back. Can I just CM them without RRR? I would have no reason to take them to court. My goal is to make the CA validate the debts within the boundaries of the law. If I need to CMRRR that would be only 3 CMRRR right since I can dispute multiple issues with each CRA?

 

In the case of no bond CCA, if I get no response, ITS goes out on day 35 to CCA and OC. Do I need to give the OC (ATT) 60 days notice to cure as well here? If no response to ITS from legal then day 65 I will be filing in District Court. I don't plan to go through the BBB. After reading these boards I'm kind of hoping they try me so I can nail it to them for all the people who had to deal with their B.S. tactics and unlawful behavior.

 

For everyone else, if no response or proper validation is received then ITS is sent out to their legal warning them they are running into the 60 days to cure deadline. After 60 days I file and at that point I would need deletion and settlement offer to drop suit. And a bonus check for NDA. I'm not sure why nobody taxes them for having to sign an NDA, but I'm going for double settlement offer if they want me to hush up about it as well.

 

I predict they will all fold. All debts are past 4 year Texas SOL and are under $1000. But if they want to play with fire I will bring the fuel to the flame.

 

 

I'll be researching case law and filing pro-se unless I can get an attorney to pick it up. Now it's the waiting game until next month...

Edited by cprems

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Swagg-I also live in Montgomery County (small world) and about to send out my first round of DV letters to the jerk-off CAs. Truly hopes this works...I need to knock off a few CAs that are outside of the SOL.

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Thank you I am reviewing them now. I had a hard time finding the filing fees, but alas I found them here. http://www.co.montgo.../newsuits.shtml and from the looks of it, it will be $277. Cound someone review that link because it says without service. Does a CA and Bonding Co. need to be served?

 

 

Sorry for the late response; just saw your question.

 

If you file suit, you will pay the filing fee, PLUS the citation and service fee for EACH DEFENDANT if you choose to have the Original Petition served by the Montgomery County Sheriff/Constable. Alternatively, you can file the Original Petition with the clerk of court, paying the filing and citation fees only; then pay a private process server to obtain service of process upon the defendants. Either way, each defendant must be served with a copy of the petition and citation. Generally, with out-of-county filings (I'm in Dallas County), I use the out-of-county sheriff/constable; if I'm having a defendant served within counties surrounding the DFW Metroplex, I use a private process server, as I can usually get a quicker turnaround (although, the sheriff/constable option is usually less expensive); in some instances I serve the registered agent or Texas SOS, depending upon the defendant's status/residency.

 

When/if you file suit, you will need to file the original and sufficient copies of the Original Petition for you to receive a file-marked copy and to serve upon each defendant (e.g., if you have two defendants, you would file the original and three copies of the Original Petition). Once the Original Petition is filed, you will always file an original and one copy of any subsequent pleadings. You will also have to timely serve each defendant with a copy of any pleading filed. Most court clerks in Texas prefer to receive any and all pleadings in the following format: letter-sized paper; two-hole punched at the top center; bound on the left upper margin by staple (or with compression clips if the pleading is more than ¾-1" thick); the original pleading should be marked "original" (the one with your original signature); copies of filed pleadings should be marked "copy" (you can pick up a pre-inked stamp for each at an office supply store). I say prefer, but it's best to ALWAYS file your pleadings this way to stay in the clerk's good graces (some clerks will nitpick to the point of returning a pleading because it isn't two-hole punched). Make sure you check the local rules, as well as any rules the assigned judge may have in place, for whichever court to which your case is assigned some judges require courtesy copies of pleadings.

 

Feel free to PM me should you decide to file suit and need any procedural help. I have daily interaction with both Texas and federal rules of civil procedure, and can probably help you out if you get stuck. Also, note that I am not an attorney and am not offering legal advice. (I've been working with them for over 20 years, though).

Edited by RenewingMe

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Oh my gosh, I am in Texas! Please tell me where to find this stuff!!! I did live in Oklahoma for a lot of years, could I still use the info if the account was opened while I lived in Okalhoma? Please tell me where to find this "texas style," repair! Everything's better(and bigger) in Texas, and if I can use the laws to my advantage, I am all for it!!! Using the search engine and couldn't find anything, searching through forums topics but there are soooooo many....

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Afni, procollect, nco were all easy under the tfc

 

for the one not bonded, send ur proof of no bond from the tx sos directly to the cra's and they will delete

 

Hello wow, how did you handle procollect, because I have one showing with them as well. msg me! thanks!

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Search under my name, centex, walterg55, monster thread, TX.

 

Read and study the TFC392 & BCC17 - debt colections

 

BCC20 - credit reporting

 

 

Oh my gosh, I am in Texas! Please tell me where to find this stuff!!! I did live in Oklahoma for a lot of years, could I still use the info if the account was opened while I lived in Okalhoma? Please tell me where to find this "texas style," repair! Everything's better(and bigger) in Texas, and if I can use the laws to my advantage, I am all for it!!! Using the search engine and couldn't find anything, searching through forums topics but there are soooooo many....

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Update:

 

 

Received green cards back for CCA, NCO, and AFNI.

 

Collection Company of America sent a letter stating:

 

 

This letter is to inform you that the creditor has closed the above mentioned account with our office. Any account information reported to TransUnion, Equifax, and/or Experian by our company will be deleted. If you have any questions....

 

Should I contact them and get in writing that they will not resell/reassign this account and their books are completely closed on this matter?

 

 

I didn't get a green card back from ProCollect, but I did get a letter package from them. It has a cover page that says,

 

Attached is the information you requested. Our client contends that this is a true and valid debt and has enlisted our help in recovering their loss. To avoid further collection efforts......

 

Sincerely,

Curt Bond

 

Attached was a fee schedule on a Centra Asset Partners letterhead. I will upload it here later. There is a space at the bottom for a manager's signature, but there is no signature. Also, they attached a copy of my lease. I gave them a call to see if I could get it resolved over the phone and wasted 16 minutes of my life I will never get back. I already spoke with the apartment complex about this debt and they have no documents to account for it.

 

The fee schedule is:

 

clean apartment: $50

damages: $75

keys: $50

08/01-08/20: $618

late fee: $85

 

All of that is completely inaccurate and can't be verified with the apartment. The CA said I need to send a letter. I said from manager of apartments. They say they don't know who. I ask well what will satisfy that this is not a collection. They can't give me an answer. They bicker and bicker. I try to get a straight answer. They tell me to pay up. I say no. They fail. I tell them to give me a straight answer. They don't. I fail.

 

I am sending a letter to the bonding co with all the evidence attached. At the official 30 day mark I will send another letter to ProCollect, legal counsel, and bonding co. that sites the non-validation and request for removal with the 60 days right to cure being at 30 days remaining with ITS. If I get nowhere from there, I file in Montgomery County. Might need to see if a NACA attorney will pick this up. At that point I'll be requesting a settlement. My anguish being held back from getting into apartments, being denied credit, and having to jump through loopholes in order to secure a place of residence because of their gross negligence. It's funny I received a response before I even got the green card back.

(Should I send the apartments a copy of this letter as well. Can't they be dragged into this as well? I'd love to just keep it with the CA and spank them in court for being smarty pants on the phone and not talking to me with common respect.)

 

 

That's the update so far, waiting for more green cards and responses from CA's. Will dispute with CRA's with one letter jack attack style for all of the accounts at once. Do I need to buy credit reports to see if my accounts are marked in dispute by the CRAs or how would I view that without buying a report? I have some old reports from Sept and Oct that I'm disputing from.

 

 

Any input, advise?

 

@lteek It looks like ProCollect is going to fight me on this one. Too bad. It will be a fail on their part and if I have to file, they will pay dearly.

 

@My_Credit_Bites It's going great so far. One letter for deletion and one CA that's going to get taxed if they don't get their sh*t in order. The thing is to just be ready to go all the way with them, if that means filing and taking them to court, so be it. If you can't afford it, cross your fingers or look for a lawyer to pick it up pro bono. The fees will be paid back by the CA once you win. :-)

 

@RenewingMe

Thanks for that wealth of information. It looks like I may have to serve ProCollect, Inc soon. They are located in Dallas so I will definitely be in contact if it comes to that. Thanks again for all the information. I am putting my chips to the side so I can go all in on them. We need a section for "Help I've Served the CA" lol.

 

@cprems

At this point with regards to ProCollect. I will send letter to OC, Bonding Co. to see if they intervene. ProCollect has not sent validation and is on the clock under TFC and BCC. At this point with regard to ProCollect should I not say anything at the 30 day mark with request for removal? Would I just file at the 60 day mark for non validation and not curing within 60 days? The case seems pretty straight forward. How do I prove anguish and loss that justify a significant collection on the bond in court if I were to argue the case in front of the judge? This is down the line, but what would the approach to proving damages be?

 

@ashlia

Looks like we are going at our collections at the same time. I have been keeping a watchful eye on you thread "Texas Medical Questions" and that's some very interesting fact finding that's being dug up. It will definitely help me when I get ready to tackle those collections. I have 2 on my account now that I am tackling.

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As always YMMV but I was able to remove 4 CA's that weren't bonded that were actively reporting and updating multiple accounts every month by sending a dispute and certified no bond from the tx sos directly to the cra's

 

 

Where did you find this "certified no bond?" I have checked the SOS website, and can't find bonding info for Ameristar. I sent them a DV letter today, stating that I was concerned payment was pursued in violation of TFC do to no bond. I want to be positive they aren't bonded before sending to the CRA's.

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As always YMMV but I was able to remove 4 CA's that weren't bonded that were actively reporting and updating multiple accounts every month by sending a dispute and certified no bond from the tx sos directly to the cra's

 

 

Where did you find this "certified no bond?" I have checked the SOS website, and can't find bonding info for Ameristar. I sent them a DV letter today, stating that I was concerned payment was pursued in violation of TFC do to no bond. I want to be positive they aren't bonded before sending to the CRA's.

 

I would say if you can't find the bonding information, call the SOS and see if they will search it for you. It is my understanding that the name they do business under has to be the name on the bond. For example, Collection Company of America is not bonded in Texas, but Collectco is. It's the same company, but one name is bonded and the other is not. I believe the SOS would send a certified statement saying there is no bond. You would forward that to the CRAs. The problem there is that, even though you may get it removed, they may still resell/reassign the collection and it pop up again in the future. If they are not bonded, I think it's best to stick it to them to ensure they close the books on the matter.

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As always YMMV but I was able to remove 4 CA's that weren't bonded that were actively reporting and updating multiple accounts every month by sending a dispute and certified no bond from the tx sos directly to the cra's

 

 

Where did you find this "certified no bond?" I have checked the SOS website, and can't find bonding info for Ameristar. I sent them a DV letter today, stating that I was concerned payment was pursued in violation of TFC do to no bond. I want to be positive they aren't bonded before sending to the CRA's.

 

I would say if you can't find the bonding information, call the SOS and see if they will search it for you. It is my understanding that the name they do business under has to be the name on the bond. For example, Collection Company of America is not bonded in Texas, but Collectco is. It's the same company, but one name is bonded and the other is not. I believe the SOS would send a certified statement saying there is no bond. You would forward that to the CRAs. The problem there is that, even though you may get it removed, they may still resell/reassign the collection and it pop up again in the future. If they are not bonded, I think it's best to stick it to them to ensure they close the books on the matter.

 

Actually, I paid this debt. But if they don't have a bond filed in Texas, the debt was pursued and collected in violation of TFC. So, I'm covered on the selling/assigning. I just want to say, hey A-holes, you violated TFC, remove these negatives or I'm suing you.

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