I decided to start this thread because I see ALOT of questions on this all the time in other Credit BBs and this comes up 30% when CA starts his collection on us. Ok here are my questions on this and hope others can chime in and we can get the the defacto bottom of this. 1. Many CAs are in one state and then try to collect from you in another. From looking at the State Regs of various states Califronia is one of them my understanding is that if they send you a "dunning letter" to your RESIDENCE address they are initiated collection at this RESIDENCE address and as an example in the state of California must follow CA collection laws > one being they must be licensed and bonded in Califronia and even of they are lawyers in one state it does not hack it in Califronia they must be licensed and bonded on Califirnia Ok have I got that correct??? If a CA sues you> and they are trying to sue you from the state where they do buisness LEGITIMATELY but they are collecting from you in your home state and RESIDENCE .......................you can knock that suit out or change venue to your LOCALE. Have I got this corrrect???? I see these questions all the time all over other BBs and want to through it out here. Any comments pls post if you have first hand info!! SKIDODDLE
I don't know if this helps but from what I've learned a CA must be licensed in your state to come after you. Let me qualify this by saying in your state it might be different. Last year I had some old debt that was sold by the creditor to a CA who was not registered in my state. Also, the debt was uncollectible because the SOL had expired but they kept hassling me. I checked with our state banking commission who issues licenses to a CA wanting to do business and discovered they were not licensed. I immediately wrote the state attorney general a letter and sent a copy to the CA. All of a sudden they disappeared and the debt was removed from my credit report; what a 'coincidence'. We have 50 states and a CA would have to pay 50 fees and comply with 50 different sets of regs. That is costly and most do not want to incur that kind of expense. My guess is that the CA gambles the debtor will not be savvy enough to check their license status and pay all or a portion of the debt because they are scared.
Credit 6949 Thanks for the post and experience. I had a friend with the same experience and he said the CA was not licensed in his state so he just wrote the CA and threantened them and they never reported to the CRA. But I have heard if you do not write to the AGs state office then the debt can come back a you later if the SOL is not up If the AG takes action and then writes to CRAs then you will not have the bad debt coming back at you EVER from what I have heard. SKI
