I sent a DV letter to a CA (before I checked their status w/ Secretary of State). They didn't send any validation, only letter stating they are trying to collect the debt from me. Today I called SoS and was told that the company was not in their database, (no bonding or registration). I am getting ready to send 2nd letter to them. What do I add about the "no bond" issue?
§392.101. BOND REQUIREMENT. (a) A third-party debt collector or credit bureau may not engage in debt collection unless the third-party debt collector or credit bureau has obtained a surety bond issued by a surety company authorized to do business in this state as prescribed by this section. A copy of the bond must be filed with the secretary of state. (b) The bond must be in favor of: (1) any person who is damaged by a violation of this chapter; and (2) this state for the benefit of any person who is damaged by a violation of this chapter. (c) The bond must be in the amount of $10,000. e) A person who successfully maintains an action under this section for violation of Section 392.101, 392.202, or 392.301(a)(3) is entitled to not less than $100 for each violation of this chapter. Not a lot of bite there! What I did was wrote a letter to the company telling them to go away, there weren't legally able to collect in the state of TX. I cc'd the OC. Here's the link to the entire statute for Texas. http://www.occc.state.tx.us/pages/Legal/Laws/Laws_01.htm#Ch392
they have also violated FDCPA laws - letter to me trying to get the debt paid before sending validation.
