I am getting ready to send an ITS to CBCS for violations of the TX Finance Code They are located in Ohio. When I went to the Ohio SOS site and searched, I came up with this: CBCS - Registered Trade Name Agent Name - Credit Bureau Collection Services, Inc. So then I searched on Credit Bureau... I came up with Registered Trade Name Agent Name Csc - Lawyers Incorporating Service. Do I address my letter to: Collection Bureau Collection Services, Inc. Agent of Service for CBCS?? Or do I need to find the corporation at the head of this?
Thanks, but I have to send an ITS by certified mail, before I can file in small claims (court rule). It has to be sent to the agent of service. I just don't want to send it to the wrong person.
If they do business in your state they may very well have registered with the Secretary of State in your state. If so the Secretary of State will have the info on file. If not ask your Secretary of State if such is necessary to do business in your state. If it is a requirement and they have not done so then file complaint with the Secretary of State. Next call up the Secretary of State in the state where they are writing you from and go through the same procedure. You will find the person you need to send the intent to sue to. That is another reason to file suit on the person rather than the company. The person has violated the law and the person is individually responsible for their unlawful actions. File suit on the person and you don't have to worry about who is the proper person to sue. Then once you have a judgment against the person and start collecting on that go after the company too. Don't fool with them. Get mean.
The information is from the Ohio SOS, but is listed as a registered trade name. I wasn't sure if that differs from "the corporation". I don't have a person, never talked to them on the phone. As I understand it, sometimes the letters are signed by a bogus name, which indicates where you are in the collection process so they can forward it to the right "next person". Guy's last name was Fox hmmmm. I will check with the TX SOS to see if they have applied as a foreign corp. They have met their bonding requirements for 3rd party debt collectors.
Although I'm not sure about letters I tend to think that such things as you mention are also violations of FDCPA requirements. I also tend to think that unsigned letters from them are also violations. Again, that's just my thinking. I don't have a thing to back it up.
