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NanaSi

Using Your State Laws – A FIRST STEP

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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)

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11. If you find that the CA is operating illegally in any manner, send NanaSi 3 million dollars for writing up this info. heehee.

 

:lol: If I had 3 million I wouldn't be here! :D

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A few thoughts and hints:

 

1. 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 question!

 

2. Professional courtesy is one thing but I would not overexplain the situation to them. You don't owe them anything...they are ILLEGAL!!! They need to grab both CA butt cheeks and haul a** away from you and their CA attempts.

 

3. There have been some questions about the validation w/state illegality letter and the reason I combined them....in my humble opinion and experience, by combining this, they get completely overwhelmed. First, you found them out, then you want them to put on paper their attempt to collect by a validation request? If they are stupid enough to send the validation request back in ANY form, you have proof of full-fledged collection activity! They are making your case stronger and stronger!

 

Finally, a request...as you look up the license/bond info on a CA, please add your info and link to the database thread "Using state laws.." so that others can use it! Thanks!

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NanaSi, can I use an address in a state that I do not live in solely for the purpose of getting certain collection agencies off my credit report. I live in NYC and there are no license requirements for CA's. However, in NJ they need a license and a bond. So, I was thinking.....

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Vixen,

 

I think you should keep thinking :)

 

Read the sticky threads and search up validation.

 

Sassy

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Thanks logiegt2, nodding!!!!!!!!

 

It's been updated in the consumer protection forum:

 

Sassy

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i have try to find out the status of a CA license and bond in the state of Louisiana, called the Attorney General they do not know , transferred me to the state and no one at the secretary of state knows, isn't weird

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jcexport,

 

If you click on the link provided in the post immediately above your post, it will take you to the consumer protection forum -- the information is there.

 

Louisiana recently changed their laws removing any licensing/bonding requirements for CA's operating in your state.

 

Sassy

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so if a CA from Louisiana don't need license or bond are they allow to collect money in my state NY?

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That information is in the consumer protection forum as well.

 

NY has no licensing requirements either, the city of Buffalo requires a bond, the city of New York City requires a license.

 

So, the answer is yes.

 

Ask them for proof of their ability to collect from you as part of a validation request (the ability, if any, would be in your contract with the OC).

 

Sassy

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Ok let me see if I have this right.

 

 

A ca may have to have a bond or licence to collect in your state.

 

 

My state does seem to require it:

 

 

Title 8, Chapter 24 of the Alaska Statutes regulates the licensing requirements of a collection agency. payment of a claim for another person must comply with the licensing Every person who conducts a collection agency business, collect or solicit claims, or advertise or solicit either in print, by letter, in person or otherwise, to collect or receive requirements. (Section 08.24.090.) A collection agency must be operated under the control and management of a licensed operator (Section 08.24.100). The licensing requirements include the submission of a completed application, payment of a fee, and posting of a bond in the sum of $5,000. Section 08.24.140(:P of the Alaska Statutes also requires that all funds collected by a collection agency for a client must be deposited in a trust account established at a financial institution in the State of Alaska or at a bank which is registered under Section 06.10.030 of the Alaska Statutes as an approved Model Foreign Bank. A nonresident may apply for and receive a collection agency license or an operator license or both on the same basis as a resident. The application fee and the biennial license fee for a nonresident operator or nonresident agency license are double the same fees established by regulations under Section 08.01.065 for a resident operator or agency.

 

 

If I understand correctly a derogitory remark on your credit report is an attempt to collect. (cant remember where I heard that maby Bill's site)

 

Here is my question (some may see where I am going with this)

 

If the ca is not licensed im my state do they have a right to report derogitory items? Is it even legal?

 

It says right here:

Every person who conducts a collection agency business, collect or solicit claims, or advertise or solicit either in print, by letter, in person or otherwise, to collect or receive requirements. (Section 08.24.090.)

 

Is otherwise a derogitory item on my report?

 

 

Maby I just got this whole thing wrong I am new at this have several old debts (Thay are not making any atempts to collect maby they dont know where I live or are not licenecd or just old)

 

Should I pursure this? or investigate further?

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I have tried TX State Attorney General's website but have been unable to find a place to search for CA licenses in TX. Any help would be greatly appreciated. Thanks....

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Bull,

 

The information you are looking for is in the Consumer Protection Forum in this thread: http://www.creditboards.com/...18621

 

Here's the contact information for Texas:

 

Texas * $10,000 Surety

Contact information, verification of bond and complaints, Nina Weston at (512) 463-6906, or on the internet at nweston@sos.state.tx.us.

 

Here's the link for Texas:

http://www.creditboards.com/...=18154

 

 

 

Sassy

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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!

 

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.

 

I checked FL laws on debt collection but one section has me confused. Can someone explain the following?

 

(4) This section shall not apply to:

 

(h) Any out-of-state consumer debt collector who does not solicit consumer debt accounts for collection from credit grantors who have a business presence in this state.

 

HUH? Sounds like double talk.

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Though I live in PA now, I'm planning a move to NC next month (for other reasons), and theirs has a similar clause. Now what if I made the debt here, but move to NC, where the SOL etc. is different. Which is enforcable?

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You can still file a consumer complaint with the state or file a complaint of violations by the CA to the attorney general?

 

But what would filing those complaints do?

 

Thank you,

Rashadk

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You can still file a consumer complaint with the state or file a complaint of violations by the CA to the attorney general?

 

But what would filing those complaints do?

 

Thank you,

Rashadk

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I also put this post in another forum desperatly seeking assistance Please I have a search headache :idea:

I am in NYC and I ordered the 3 credit bureau reports online. There is a collection agency listed with a debt, that I have no knowledge of. I've been going through the threads, and I have my "not mine letter" for the CRA, and My "validate" letter for the CA. But.. there is no information listed for the CA besides the name. Everygreen Professional Recovery. I can't find any info on this company anywhere. I read the other threads and links and I see you do not need a license or bond in NY, but I can not find a link to help me search for info on this CA.

Please help

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