Ok, The law firm is Upton Cohen & Slamowitz on Long Island. They have a BBB report in NY, but I can't find anything on them in NC. I tried to look at the secretary of state's website, and the banking website to see if they have to be licensed to collect here, but I didn't find anything at all. I need to know if I sue them, do they have to attempt to do business here first (ie, collect), or do I have to go to NY to do it? Also, how do I find out if they have to be licensed here? Please!!!!! I'm desperate!!!!!
From my understanding, they only have to be licensed in the state where their address is, if that state requires licensing.
Thanks for the reply Love, but just as you replied, I found it.... Pay attention to the Bold. What does that mean?
I am going through the same thing with Asset. They are not licensed in FL. They are not licensed in MI but they don't need to be. They claim they are not a collection agency. I'm filing and taking my chances. I found a court case through Google where they admitted in court that they are a collection agency and are subject to the FDCPA. But, I don't know what to do with it. I'm hoping they will finally delete once they get served.
Thanks for the help Love, I REALLY appreciate it. I'm going to send the Estoppel Letter to the Law Firm today, Certified RR. All other correspondence has been just regular mail. I have copies of everything. I hope that this will stall them enough.
This means that they do NOT have to be licensed in NC if they DO NOT collect from consumers in NC and/or collect for clients (aka creditors) that are located in NC. Out-of-state collector is a collector that collects in states other than its own.
NY state does not require licensing but NYC does. STATE: NEW YORK COLLECTION AGENCY BOND & LICENSE Bond: No License: No Fee: No Buffalo: $5,000 Bond - $50 fee NYC: License - $150 - 2 yr. fee You should check if they are licensed in NYC. Looks like that may be your saving grace if they are not.
Ok, I understand the licensing in NY thing, but I live in North Carolina now. Are you saying that to cover all bases see if they are licensed anyways? Which state applies? The state where the debt incurred (NY) or the state where I reside (NC)?
Erica, I went to NY's SOS site to look them up, I found nothing... So maybe they are not licensed in NY unless NYC has its own site to search on. Still researching...
Erica, I went to this site to see if they are licensed in NYC. Clicked on "How do I register my business with the City of New York?" That took me to here. Then, I clicked on Secretary of State, Department of State, in Albany ...which brought me right back to the New York State Dept of State web site. Still did not find this firm's name unless they have another name they are licensed under.
If they are not licensed to do business, they are definitely breaking the law. But since they are a law firm, there may be special considerations.
