CA not bonded as per law

Discussion in 'Credit Talk' started by holis, Aug 22, 2003.

  1. holis

    holis Well-Known Member

    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?
  2. jlynn

    jlynn Well-Known Member

    Are you in Texas?
  3. holis

    holis Well-Known Member

    yes - sorry bout that
  4. jlynn

    jlynn Well-Known Member

    §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.
  5. holis

    holis Well-Known Member

    they have also violated FDCPA laws - letter to me trying to get the debt paid before sending validation.

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