Re: State-by-state quick guide Nana...good info!!! So many people forget about STATE coverage and focus only on FED fdcpa and fcra laws... There are SO many other protection devices out there for us... Dont forget: DTPA laws!!!!! In some states, violations of state fdcpa laws constitute dtpa violations...which CAN grant 3x damages, etc...plus attorney fees. Dont want to sound like Im a sue-happy individual...just want to make sure everyone knows of the added leverage they have!!!
Re: State-by-state quick guide ooh,yeah, and Nik knows her stuff on this! Excellent resouce in Nik! Welcome, Sloy!
Re: State-by-state quick guide It's good to see you back, Nana. Did you get everything worked out with your recent problem?
Re: Re: State-by-state quick guide Wow, it's good to see you, too!!!!!!! Thanks for asking about the EXP nightmare. Oh, still fighting on one neg they are trying to add from the horrid report... they just received a letter from the lawyer on it and I'm waiting to see now! Holding my breath!!!! Yay! It's nice to connect with you!!!!!!!!
NEW COL CA BOARD LAWS www.ago.state.co.us/CAB/HB 03-1219_enr.pdf New law for CA BOARD In Colorado..thought those dealing with CA's there or residing there might need them!
NEW COL CA BOARD LAWS Bumping...I wish I could stress the importance of this step to those dealing with CA's... IMPORTANT!!! Really!!!!!!!
Re: NEW COL CA BOARD LAWS Ensuring that the CA is legal to collect in their state and the state they are in..
Re: NEW COL CA BOARD LAWS Nana, Check out this link to A CA site here in FL. They seem to disagree with your info. www.thecollectors.com/#early I'll be checking myself at the lawdog site. Thanks for the info.
Re: NEW COL CA BOARD LAWS Wow! Got this off of another forum. They won't mind.Post was submitted 3/2003, so there might be changes. General State Collection Laws (By Category) States with NO License OR Bond Requirements State Califonia * District of Columbia Georgia Iowa Kansas Kentucky Missouri Montana New Hampshire Ohio Oklahoma Pennsylvania Rhode Island South Dakota Vermont States with ONLY Bond Requirements State Bond Amount New Jersey $5,000 Surety Texas * $10,000 Surety New York ***Buffalo Only*** $5,000 Surety + $50 Fee States with ONLY License Requirements State License Fees Alabama $25 - Pop. < 20,000; $100 - Pop. > 20,000 Deleware (Merchant License) $50 per year Mississippi (City Business) $15-$50 New York ***NYC Only*** $150 (Two Year Fee) Oregon Registration fee established by director South Carolina (All Businesses) No Fee States with BOTH License AND Bond Requirements State Bond Amount License Fees Alaska $5,000 $100-Application / $200-Agency Biennially Arizona * Min $10,000 (based on gross income) $1,500-Application / $600 Annual / $23 per Officers/Managers Arkansas $5,000 to $25,000 $125 plus $5 each employee Colorado $12,000 to $20,000 Fee Determined by Collection Agency Board Connecticut $5,000 $200 yearly / $50 Investigation Florida $50,000 (Commercial) $200 Registration / $50 Investigation / $200 Renewal Hawaii $25,000 / $15,000 each branch Registration w/ DCCA for consumer not commercial collections $25 Application $80 Registration / $50 Compliance / $155 for Two Years. Idaho * $5,000 initial $100 permit fee / $50 renewal Illinois $25,000 $750 Original / $750 Renewal Indianna $5,000 per office $100 plus $5 per annum for each unlicensed employee /$30 Branch Office / $80 Renewal Louisiana * $10,000 $200 Initial / $200 Investigation / $200 Renewal / $100 Branch /$100 Branch Renewal Maine $25,000 to $50,000 $400 per year Maryland $5,000 $200 Each Office Massachusetts $10,000 to $25,000 Fee Determined by Commissioner Michigan $5,000 to $50,000 $150 Investigation / $225 Initial / $125 Annually Minnesota $5,000 to $20,000 $1,000 Initial / $400 Annual / $10 Per Collector Nebraska Based on Lic. Solic.- <5-$5,000, 5-15-$10,000, >15-$15,000 Up To: $250 Investigation / $200 Original / $100 Renewal / $50 Investigation Branch Office / $35 Original Branch Office Nevada $25,000 to $50,000 $250 App. Survey / $300 Original / $200 Renewal New Mexico * Min $5,000 - Based on volume. $500 Original Branch / $300 Renewal Branch / $100 Examination Fee for Manager's License / $50 Manager Renewal North Carolina $5,000 to $50,000 $500 North Dakota $20,000 $200 Tennessee $15,000 1-4 employees / $20,000 5-9 employees / $25,000 Over 10 employees $600 Original / $350 Renewal / $25 Each Solicitor Utah $10,000 Varies by City and County Virginia $5,000 Depends on Locality if License is Required (no fees) Washington * $6,000 general, $4,000 Specialty $100 Investigation / $100 Original /$100 Renewable / $50 Branch Office West Virginia $5,000 (Franchise Registration Certificate) $15 per year Wisconsin * $15,000 $1,000 Investigation / $200 Annual Wyoming $10,000 $200 Orginal / $100 Renewal / $100 Branch Puerto Rico $5,000 $100 Original / $100 Branch Office / $100 Renewable / $100 Investigation States with Exceptions for OUT of State Collectors. State Exception Alabama Business license not required for out-of-state agency. Colorado Out of state collectors are exempt if [1] collecting only by interstate means (phone, fax, mail); [2] have no Colorado client; and [3] are regulated an\d licensed in the state in which they reside Florida Registration is required for out-of-state collectors if [1] soliciting accounts; [2] if client (creditor, its affiliate or subsidiary) has an office in Florida. Idaho * Out-of-state collectors may qualify for a special license if [1] only collecting for client; and [2] are licensed and bonded by any state. Illinois Out-of-state collectors may be exempt if [1] not soliciting accounts in Illinois; [2] their state of residence has laws which provide similar reciprocity (allow out-of-state agencies to collect only); and [3] the state in which the non-Illinois agency resides extends the same privileges to out-of-state agencies. Indianna Out-of-state collectors are exempt from licensing if [1] collecting for a non-resident creditor; and [2] collection activities limited to interstate communications (phone, fax, mail). Maine Contact state authority. Licensing authority is allowing some exemptions to out-of-state agencies that collect for non-resident creditors and are not soliciting. Michigan Out-of-state collectors are exempt if [1] collecting by interstate means; and [2] have no clients in the state of Michigan. Nebraska Out-of-state collectors are exempt if [1] communicating by interstate means (phone, fax, mail); and [2] are "regulated" by the laws of another state. Neveda * Out-of-state collectors are exempt if [1] collecting by interstate means (phone, fax, mail); and [2] collecting for an out-of-state client. New Mexico * Out-of-state agency is exempt if [1] collecting by interstate means (phone, fax, mail); and [2] debt was incurred outside the state of New Mexico. North Carolina Contact state authorities. Unofficially, licensing authorities may allow out-of-state agencies to bypass requirements if they do not solicit in state and/or work for in-state clients. North Dakota Out-of-state collectors may be exempt if [1] collecting only; [2] their office is located in a state that has a reciprocal law; and [3] the state has "enacted similar legislation" Oregon Contact state authorities. Out-of-state agencies may be exempt if [1] collecting for out-of-state client; [2] the debt was incurred by an Oregonian outside the state; and [3] the state where the collection agency is headquartered has a registration program comparable to Oregon's law. South Carolina License required for in-state agency only. Tennessee Contact state licensing authority. Out-of-state agencies may be exempt if they [1] maintain office in another state; [2] resides in a state that provides reciprocity; and [3] comply with provisions of licensing. Washington * Contact state authorities. Out-of-state agencies may qualify for lesser licensing fees. Out-of-state collectors are no longer required to have resident office and in-state trust accounts if they don't have in-state client. Bond is not required if held in home state. West Virginia Contact state authorities. Some out-of-state agencies may be exempt if they are only collecting for out-of-state clients Wisconsin * Out-of-state agencies do not need to be licensed if [1] collecting by interstate means (phone, fax, mail); and [2] collecting for an out-of-state client. Wyoming Out-of-state agencies may bypass licensing if they are not [1] soliciting clients in Wyoming; or [2] collecting for Wyoming creditors. * - Community Property States (Arizona, California, Idaho, Louisiana, New Mexico, Nevada, Texas, Washington & Wisconsin) (Most states have SOME sort of community property laws)
Re: NEW COL CA BOARD LAWS Credit for the information cut and pasted above by Mitch goes to Gambbitt: http://www.collectionindustry.com/forum/messageview.cfm?catid=9&threadid=156 Sassy
Re: NEW COL CA BOARD LAWS Thanks Sassy. Excellent research by the original poster. By no means was I looking for credit (Ha Ha!). I just thought that it should be here as well.
Re: NEW COL CA BOARD LAWS Thanks, Mitch...interesting stuff, indeed. I believe Fla just had some state law changes on this..will have to research more to be sure..and that might account for the difference in "opinion." I'll post what I know if/when I know it. LOL
Re: Re: Re: NEW COL CA BOARD LAWS Great information here, but--what about when a collector pays a bond but does not renew? For instance, NJ has a $5000 bond surety, but it's $25 annually after that. If they paid the bond, but they don't pay after it expires--say 90 days-- and a collector is still pursuing, what is violation, what is penalty, who enforces, and what laws can be cited for this instance? I've been trying to get an answer on this one for weeks, from State Attorney General and esp this board with no reply.
Re: Re: Re: Re: NEW COL CA BOARD LAWS http://www.state.nj.us/treasury/revenue/dcr/programs/collagy.html These are the folks you need! Be sure to check the links
Re: Re: Re: Re: NEW COL CA BOARD LAWS Thanks NanaC. I followed the link you advised, but I was unable to find anything in regard to my question above without again contacting the Dept of Treasury/Attorney General. However, following a link via lawdog I was able to locate the specific statutes correspnding to bond and renewals. I hope that someone will post these elsewhere to allow for quick reference to these, it took a long time to find them: NJSA 45:18-2. Amount, term and provisions of bond; renewal; limitation of actions The bond shall be in the sum of five thousand dollars and shall provide that the person giving the same shall, upon written demand, pay and turn over to or for the person for whom any account, bill or other indebtedness is taken for collection the proceeds thereof in accordance with the terms of the agreement upon which such account, bill or other indebtedness was received for collection. The board shall be in such form and shall contain such further provisions and conditions as the secretary of state deems necessary or proper for the protection of the persons for whom the accounts, bills or other indebtedness are taken for collection, and shall be for the term of one year from its date and must be renewed annually. No action on the bond shall be begun after two years from the expiration thereof. NJSA 45:18-5. Penalty Any person, member of a partnership or officer of an association or corporation who fails to comply with any of the provisions of this chapter shall be subject to a fine of not more than five hundred dollars or to imprisonment for not more than three months, or both. It seems like I got them on state ($500) but does renewal apply on Federal Violation ($1000)? Also, the CA is in California and does not require a bond or license. How do their laws apply to me if I am in NJ? One provision, as an example taken from lawdog.com, prohibits " a "debt collector" (see above) from collecting or attempting to collect from the debtor, collection fees or charges or expenses", but California allows up to 10% interest. I have calculated the CA is charging 9% interest annually (total 14% up to now), while NJ law allows 6% max (don't know if there is a ceiling). Is this a violation? Tks again.
