anybody dealt with these guys?

Yeah, I wouldn't call if I were you. Especially if they are only communicating via letter at this stage. You could call them from a payphone if you wanted to interface with them and know what's going on with whatever client they have.

Does your letter have the whole, 'this is a communication regarding a debt; any information...blah blah' anywhere on it?

 

Oh, its a CA, they are members of the ACA

Newark (New Castle), DE
Simm Associates Inc.
200 Biddle Ave Ste 200, ZIP: 19702-3966
Mailing Address: 200 Biddle Ave Ste 200, ZIP: 19702-3966
Phone: (302) 368-9422
Fax: (302) 368-9382
Dana Greene, AVP, Financial Officer

 

jlynn,

This is a website you've found?

 

www.collector.com

Its the Association of Credit Professionals. You can search the roster for members, gives you contact information.

 

Thanks, Jlynn!

Another great web resource. When you go to the atty section of the roster, it even states what kind of law/collections they specialize in. Crazy.

Offhand, does anyone know what the P.C. acronym following some of the lawyers' names means? Is it certified paralegal or something? Can anyone have a 'law office' but only actual attorneys can be called 'attorney at law'?

 

I called and got their automated directory. Darn! This is not as fun as that crusty troll hag in Savannah, Georgia. Do they get billed if only their answering service picks up the #800 call?

 

Dunno, boywonder. I got that answering service first, but then I spoke to the operator and when she got fed up with me (I wouldn't give her any info except my supposed first name), she forwarded me to Mr. Carter for whatever reason. Try calling back and asking for him, if you want. See where you can get with it. You could do an impromptu sob story about not wanting to get sued and see if he'll fess up on whether that's a course of action they take. Or ask for legal. That could be fun. I think they're the same type of 'claims processing center' as any other CA is.

 

1) "P.C." stands for "Professional Corporation."

2) I would think that only lawyers would have law offices, because it is illegal to practice law without a license.

3) You are correct in assuming that only an actual lawyer can be called an "attorney at law," at least if what I've at the American Bar Association web site (http://www.abanet.org/) is any indication.

HTH,

John

 

It generally means they can't collect from you. I would check NM's statutes closely though. I posted a link yesterday, and it seems I read one state you only had to have a license if you officed in that state.

In TX, a bond is required by anyone collecting in TX. I just faxed over a C & D telling the CA they were in violation of xxx statute, and had no legal grounds to collect the debt. I am also sending a copy of the letter to the OC so they can't lie about my "unwillingness" to pay LOL!

 

The link I gave you really wasn't too clear. Gonna have to find the full statutes to find out

But, from what I did understand, in order to be licensed in NM, you have to be bonded. So, if they aren't licensed, bonded or not, is not an issue, see?

I mentioned TX only as an example, and because that is my state. CA's only have to provide a bond to the state, there is no licensing requirements.

Simm is not licensed in your state, we need to find out exactly who has to be licensed, and what happens if they aren't. I suspect they can't collect from you, but we need to do some research.

 

PSP, I found it buried in another statute:

61-18A-5. Unlawful to conduct collection agency or engage in the business of a repossessor without license.
A. No person shall conduct within this state a collection agency, act as a collection agency manager or engage within the state in the business of collecting claims for others or of soliciting the right to collect or receive payment from another of any claim or advertise or solicit either in print, by letter, in person or otherwise, the right to collect or receive payment for another of any claim or seek to make collection or obtain payment of any claim on behalf of another without having first applied for and obtained the licenses required by the Collection Agency Regulatory Act

But, where was the debt incurred? That will probably be the determining factor

B. No person shall be considered to be engaged in collection activity within this state if that person's activities regarding this state are limited to collecting debts not incurred in New Mexico from debtors located in this state by means of interstate communications, including telephone, mail or facsimile transmission, from the person's location in another state.

I couldn't find any civil penalties...doesn't mean they aren't there!

61-18A-6. Penalty for violations.

A. In addition to any other penalty, any person or any officer or director of any partnership, corporation or association conducting business as a collection agency or repossessor without first having been licensed pursuant to the Collection Agency Regulatory Act or who carries on such business after the revocation or expiration of any license which the director has refused to renew, is guilty of a fourth degree felony.

Here's the main link: http://legis.state.nm.us/

I then clicked on New Mexico statutes. Takes you to a LexisNexis site where you can search.

 

I just got a letter from them today. there trying to collect money from my Discover card that was charged off in Dec 2003.
So what are they then? (CA?)

My letter just states, Our client is now taking the necessary steps to recover the outstanding amount of $7144.76. They have retained us to review your acount and commence collection activity.
and then my Miranda rights and to enclose a check for the amount listed to there office.

Are they known to sue?

Thanks

 

Watch with Discover...and watch with an amount that large...if you get a letter from a law office for discover, DV them immediately to buy you some time, especially if the law office is near your place of residence...and perhaps prepare for a lawsuit.

Discover is very sue happy...if they had the option, they would have their reps on street corners asking consumers for quarters....

I doubt this particular CA is a law office, however.

Oh and for the future, dont list dollars and cents for a particular debt...and dont list too much info..you don;t know the amount of scum you will find surfing through these boards...

 

oooppsssssss, i shouldn't of posted to much, sorry, it's for my own good.
Thank you for your information, however i do have one more question, what if the original amount was way lower than what i stated above, but with the interest and penalty fees it went up to that amount, that i said, would they still bother to sue?, gosh maybe i should settle, but if i do how much would i ask to settle for?
thankx