Can someone please tell me how or where you go to see if a CA is licensed to collect in your state??? Thank you
www.lawdog.com One of the first site I check when folks have questions like this. Very Helpful Collection Agencies In California Licensing Law Allowed To Expire Fair Debt Collection Practices, Other Federal And California Laws Apply The California Law which required collection agencies to be licensed and bonded was allowed to "sunset" effective June 30, 1992. Collection agencies no longer require a specific state license and bond. However, agencies (and creditors) may be required to comply with California's Fair Debt Collection Practices Act, and possibly California's Consumer Credit Reporting Agencies Act. These are discussed briefly in " Debt Collection" and "Fair Credit Reporting" from the previous menu. Collection agencies are, of course, subject to all Federal laws which may apply as well. Unfair Business Practices Act In addition, California's Unfair Business Practices Act, which begins at California Business & Professions Code Section 17000, may be used by the Attorney General, district attorneys, and others to obtain injunctions and other remedies in cases involving "unlawful, unfair, or fraudulent" business practices. Assigned Accounts In certain types of transactions, the collection of assigned accounts may be specifically permitted, or specifically not permitted. For example, collection agencies may not file Small Claims Court actions to recover on accounts assigned by a creditor.(See California Code of Civil Procedure Section 116.420). However, under California Civil Code section 1719 (Dishonored Check Law), Section (f) provides as follows: "(f). A cause of action under this section may be brought in municipal court by a holder of the check or the assignee of the payee. However, if the assignee is acting on behalf of the payee, for a flat fee or percentage fee, the assignee may not charge the payee a greater flat fee or percentage fee for that portion of the amount collected that represents treble damages than is charged the payee for collecting the face amount of the check, draft, or order. This subdivision shall not apply to an action brought in small claims court."
what happens if you made some sort of debt in one date but since then moved to another? I lived in NY state where all of my debt/collections/bad credit was created but I have been living in Virginia since ...
Good site to search for information about licensing requirements in your state. Some states even have online searches to see if a CA has a current license. But if not, there are links to find the appropriate state regulation agency or secretary of XYZ state to contact. -Peace, Dave
