You mentioned in a earlier post about looking up a company to see if the CA had a license to collect in your state. Is there a website for this or did you have to call a number and if so how do you go about looking this up online/phone number?? Thanks Mom
Not Nana but..... You can usually visit your state government's website. Look for a link to the department that handles corporations or the Secretary of State in some states. Most have a search function that allows you to look up the company by name, and determine if they have filed to do business in the state. Many provide information on whether they have paid their annual fees. You can also locate a "registered" or "statutory" agent, which is the person you serve process on if filing a suit.
NanaC here I did do a search of the govt website..and found most of the information in a search for the state Attorney General's website.. CO has their info in PDF format, IL has theirs in a searchable database. It also will tell you, in some cases, if there are disciplinary actions in play or in the past.
Re: Mom Virginia, I searched their home state site and found nothing. Maybe I am not looking right for it???
Ok MOM I have bad news..maybe..this is what was listed for Virginia collections at lawdog "Collection Agency Licensing Requirements: There is no licensing or bond requirements for conducting collection activities in the State of Virginia" However, what state is the collection agency in..that is also a factor! If you let me know, I'll tell you what I can..
IN my case I decided to go read the Illinois law regarding the collection agency that is representing themselves to me as licensed, even so far as providing me a number (which is expired for over a year). Nope, I REALLY don't think I'll worry too much about them..Intend to write them back with the validation letter (as to their right to collection) and a sweet little blurb about their illegal practice and penalities. I bet they find my check they are pretending to not have received. (Call it nana's instinct!) 225 ILCS 425/4.5) Sec. 4.5. Unlicensed practice; violation; civil penalty. (a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a collection agency without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee. (b) The Department has the authority and power to investigate any and all unlicensed activity. (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record. (Source: P.A. 89-474, eff. 6-18-96.)
Re: IN my case Damn they have an aegncy in Va and FL But thanks so much for taking the time to look that up. Mom
florida law Apparently, Florida is governed by laws on collections as stated below: The State of Florida requires both commercial collection agencies and consumer collection agencies to register with the Department of Banking and Finance and annually renew such registration, providing the registration fee, information, and surety bond. Part V, Chapter 559 of the Florida Statutes sets forth the registration requirements, procedures and penalties for commercial collection agencies which fail to comply with these requirements. Part VI, Chapter 559 of the Florida Statutes set forth requirements for registration, procedures, enforcement action against violations, prohibited collection activities, consumer complaints, and both civil and criminal penalties against consumer collection agencies which fail to comply with these requirements. Detailed information on collection agency licensing requirements may be obtained from the Office of Comptroller Department of Banking and Finance State of Florida Tallahassee, Florida 32399-0350