Card for
Bad Credit

NanaC · #1 (**permalink**) 06.07.2002, 07:07

Ok, I spent hours, yes hours, ok, maybe 2-3 minutes working on that subject line so be impressed, k?

I've got a couple of threads going discussing the use of the Attorney General and state laws regarding collection agencies and thought it might help if I wrote it up as a, well, sort of, a list of to-do's to try this stuff.

So, here ya' go........NanaC's Notions on State Law

1. Go to www.lawdog.com and find the appropriate state. Be sure to check for the state you live in and the state the CA is in. Look at the "debt collections" or "collection agency" link and see if that state has specific laws regarding CA's. (Note: If a state requires a third party bond, it should be posted here)

2. If there are no state laws, 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 both states.

3. If there are licensing requirements, do a search for the attorney general in the state where licensing is required, and find out the status of the CA's license and whether they have violations previously handled. If necessary, email the state information link to find out how to get this information but it is usually on the website.

4. If there ar third party bond requirements, email the state information link and find out how to determine if one has been taken out for the CA in question. They usually give you the email of a nice, overworked person who gets back to you ASAP. (Hint: Make friends with this person..teehee)

5. If you find that the CA is operating illegally in any manner, send NanaC 3 million dollars. heehee. No, write a dispute to the CA and tell them "Nanny, nanny, poo-poo, I got you" in the most formal sense. Tell them you realize they are illegal and are planning on reporting them immediately to the authority overseeing them.

6. Watch the entry disappear. (I hope)

PsychDoc · #2 (**permalink**) 06.07.2002, 07:29

This is great! Hey, Dave, doesn't this belong in the FAQ? :)

Oops, Nana, I think you got one thing wrong. Modify point 5 to read as follows:
If you find that the CA is operating illegally in any manner, send PsychDoc 3 million dollars.

Other than that, this is obviously a keeper! :D

Doc

NanaC · #3 (**permalink**) 06.07.2002, 07:32

AHAHAHA....thanks, PsychDoc....

Um, I just noticed spelling errors in my original entry and I want you to know that I MEANT to do that...yes, I did...you see, I was, er, testing you to see if you could get this from context clues..yes, that's it...it's not that I made a mistake or anything...no, no sirree, no ma'am...uh, uh....

Yeah, right...LOL...sorry for the spelling mistakes. If this goes somewhere else for posting, would someone kindly fix the ar to are and anything else that is there so I don't look like a total dipchip?

Thanks! teehee

Nave · #4 (**permalink**) 06.07.2002, 09:19

I just LOVE seeing NanaC's name here. WooooHoooo How are you MrsC? Heeeeeeeey.

Doc (as usual) is correct, a truly Faq-worthy post...I will add it when I get home tonight.

Down in the West Texas town of ElPaso, I fell in love with a Mexican girl.

-Peace, Dave

PS "Persistence is the key" right NanaC?

NanaC · #5 (**permalink**) 06.07.2002, 11:14

NAVE, NAVE, NAVE!!!!!

Hello, my friend!!!

Yes, persistance and desperation.

Things are awesome here...summer time, no school, got a new job at the school I used to teach at set for next year, pool is warm......aw, yes! How are you?

NanaC · #6 (**permalink**) 06.08.2002, 05:19

bumping due to ongoing interest in state stuff

(technical term, lol)

sassyinaz · #7 (**permalink**) 06.08.2002, 12:53

Hi Nana!!!!!!!

Everyone should check there state stuff (I do love your sassy-ease with that technical term ;-) ).

I think it's important, really important, to check your own state's laws regulating both collection agencies and consumer reporting agencies -- the statutes.

Additionally, and maybe even more important, is to check your state's administrative code, I've found some real jewels there. This is where the code of conduct and specifics are listed for businesses that are regulated.

For instance, in Arizona, consumers can ask a CA for any relevant information at any time and have the right to inspect their books -- ties to AZ requiring a physical office. It also lists specific minimum information that must be disclosed to consumers, above and beyond the validation documentation.

Sassy

NanaC · #8 (**permalink**) 06.24.2002, 18:13

bump

Manequinne · #9 (**permalink**) 06.24.2002, 18:23

Quote:

Originally posted by sassyinaz

I think it's important, really important, to check your own state's laws regulating both collection agencies and consumer reporting agencies -- the statutes.

Sassy

You are so right.

Until I found this board, I had no idea that the SOL for credit card debts in Louisiana was 3 years.
(I've been lurking around the board for awhile).

I always thought they could sue you at anytime and collect.

That is one reason I never fought anything incorrect on my credit report. :(

It is so sad what people don't know about credit that hurts the most.

By the way, this is a great thread.

Manequinne · #10 (**permalink**) 06.24.2002, 18:24

I meant, I have been disputing, but nothing really big.

NanaC · #11 (**permalink**) 11.18.2002, 08:08

bump

Thought I'd send this back up as I just had hubby's long fought collection removed after following my own advice. Whew..this was a hard one but this worked so...up it goes.

NanaC · #12 (**permalink**) 11.18.2002, 08:30

bump

oops..duplicate...darn laptops

NanaC · #13 (**permalink**) 11.18.2002, 08:43

Quote:

Originally posted by NanaC
Ok, I spent hours, yes hours, ok, maybe 2-3 minutes working on that subject line so be impressed, k?

I've got a couple of threads going discussing the use of the Attorney General and state laws regarding collection agencies and thought it might help if I wrote it up as a, well, sort of, a list of to-do's to try this stuff.

So, here ya' go........NanaC's Notions on State Law

1. Go to www.lawdog.com and find the appropriate state. Be sure to check for the state you live in and the state the CA is in. Look at the "debt collections" or "collection agency" link and see if that state has specific laws regarding CA's. (Note: If a state requires a third party bond, it should be posted here)

2. If there are no state laws, 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 both states.

3. If there are licensing requirements, do a search for the attorney general in the state where licensing is required, and find out the status of the CA's license and whether they have violations previously handled. If necessary, email the state information link to find out how to get this information but it is usually on the website.

4. If there ar third party bond requirements, email the state information link and find out how to determine if one has been taken out for the CA in question. They usually give you the email of a nice, overworked person who gets back to you ASAP. (Hint: Make friends with this person..teehee)

5. If you find that the CA is operating illegally in any manner, send NanaC 3 million dollars. heehee. No, write a dispute to the CA and tell them "Nanny, nanny, poo-poo, I got you" in the most formal sense. Tell them you realize they are illegal and are planning on reporting them immediately to the authority overseeing them.

6. Watch the entry disappear. (I hope)

More tips:
1. If they have a fax, you can save time by faxing. You can also add to your previous complaint.

2. Even if they don't give an official reprimand, admonishment, etc. to the CA, they may still come off.

NanaC · #14 (**permalink**) 07.20.2003, 18:24

HI! Whoa..is this old..Ok, I'm going to dust this off and update it!

I recommend you follow these steps while your first round of disputes are processing at the CRA𠏋 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 question!

NanaC'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 𡞫ebtor� (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

3. If a license is required, you𠑥l want to search and see if the CA in question has a valid license. Most states have an online license search. You𠑥l find them usually by finding that state𠏋 attorney general website and looking for licensing. To find an attorney general𠏋 website, simply do a google search with the 𦽳tate� and words 弌ttorney general,� for instance, search 孏exas 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 the letter sent out (modified with your specifics) sent CRRR right away! Let me know if you need it posted.

5. If a bond is required, contact the person (in Texas, it𠏋 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 the letter sent out (modified with your specifics) sent CRRR right away! Let me know if you need it posted.

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𠏋 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 NanaC 10 million dollars for writing up this info. heehee.

12. Watch the entry disappear. (I hope)

NanaC · #15 (**permalink**) 07.20.2003, 18:26

Some more thinking no this:

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 rear end 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!

NanaC · #16 (**permalink**) 07.20.2003, 18:28

State By State Collection Agency Requirements
A Quick Guide

Be sure to look up the state you reside in and the state the Collection Agency resides in and check for compliance in both states!

States Requiring Licensing, Registration, Exam, and/or Bond
Alaska
Arizona
Arkansas
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Nebraska
Nevada
New Jersey
New Mexico
New York in Buffalo and New York City
North Carolina
North Dakota
Oregon
Puerto Rico
South Carolina (not for CA, but business license is required)
Tennessee
Texas
Utah
Washington
West Virginia
Wisconsin
Wyoming

States Requiring License Tax
Alabama

No Bond or License Required
District Of Columbia
Kansas
Kentucky
Mississippi
Missouri
Montana
New Hampshire
Ohio
Oklahoma
Pennsylvania
Rhode Island
South Dakota
Vermont
Virginia

State Fair Collection Act in Place
California

**Please if you notice anything I need to update, le me know!

PsychDoc · #17 (**permalink**) 07.20.2003, 18:30

Wow, NanaC, this is great stuff!

Doc

NanaC · #18 (**permalink**) 07.20.2003, 18:32

::::::blushing::::::shuffling feet:::::::: awww, thanks, Doc...

I hope it helps..it sure helped us with some of those stubborn ones! Now, it's the first thing I check for myself or when I help someone else!

SLOYAROLE · #19 (**permalink**) 07.20.2003, 19:26

If the consumers state requires the CA to be licensed AND bonded, some states allow for fines and penalties. Some state laws (including the one I live in) require both. On top of that, the law here ALSO holds the OC accountable for the CA not being licensed and bonded. Thus, being able to sue them as defendant and co-defendant. The state law allows for $$$ to be awarded to the consumer. Great work on this thread NanaC :)