In Texas if the CA is not bonded bothe CA and the CRA can be sued for damages up to $10,000. Is that what the following means? SUBCHAPTER B. SURETY BOND § 392.101. Bond Requirement (a) A third-party debt collector or credit bureau may not engage in debt collection unless the third-party debt collector or credit bureau has obtained a surety bond issued by a surety company authorized to do business in this state as prescribed by this section. A copy of the bond must be filed with the secretary of state. (b) The bond must be in favor of: (1) any person who is damaged by a violation of this chapter; and (2) this state for the benefit of any person who is damaged by a violation of this chapter. (c) The bond must be in the amount of $10,000. Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997. § 392.102. Claim Against Bond A person who claims against a bond for a violation of this chapter may maintain an action against the third-party debt collector or credit bureau and against the surety. The aggregate liability of the surety to all persons damaged by a violation of this chapter may not exceed the amount of the bond. Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
I believe that applies to CRA's only if the CRA is involved actually involved in debt collection--e.g. ChexSystems. -- cnswift
Re: Sue CA and CRA if CA not bonded Given the "or" language, it looks to me like the law applies to either a 3rd party collector OR a credit reporting agency engaged in collections. Doc
Re: Sue CA and CRA if CA not bonded Thanks Doc, I've had several not bonded CA's. One immediately deleted while another has not responded nor deleted. I think I will quote this law in my follow-up and also send a copy to CRA. They need to know that they are liable also. The secretary of state's office has provided me with a certificate verifying that the CA is not bonded as required by law. I will copy the certificate and send as well. Geesh they send me through a lot!
Re: Sue CA and CRA if CA not bonded I meant libel not liable although they are the biggest liars in earth!
Re: Sue CA and CRA if CA not bonded I'm kicking this back up because I've done some investigting and it is the Collection Agency that must be bonded as well. I have one that has never contacted us but just posted on hubby's report. So, I'm asking for validation and when they write back, this should be all she wrote..if they don't delete immediately. I already verified with the state that the bond has not been taken out. On another similar note, I can't emphasize enough the importance of checking out the laws of the state you are in and the collection company is in. If you are lucky enough to have one in Colorado or live in Colorado or a state that has specific boards for overseeing CA's, then you are in good shape. For example, I have a CA in Colorado that we've been fighting for some time....and I just looked them up on a report and see they have 5 fines/admonitions...they are on their way out the door and hitting them with all the violations I've recorded is perfect. While checking on this one, I noticed another one that was suspended for violations. Then, it occurred to me that if you were to dispute during thier suspension period, if the period was long enough, logically they would have to let it go as they can't function during suspension. At least that is my theory. Thoughts...and hello everyone!
Re: Sue CA and CRA if CA not bonded How do you check to see if a CA is bonded or licensed to operate in your State?
Re: Sue CA and CRA if CA not bonded Actually, Backspace, I always go to the attorney generaal's website for that state. Or lawdog.com and find out if a third party bond is required. Then, I wrote to the state information email and asked who could tell me if someone had a third party bond, they gave me the person's email, and I write and check when a situation arises. As to those states that require a debt collector have a license (not just a third party bond), I've found that they have the listing of who has the license and if there are any violations on the attorney general's website. I know for sure that Colorado and Illinois have the listing online. In Illinois, for instance, I found that one collector's license had expired and I used that and they disappeared quick when they realized I knew! If you are thinking of a particular state, let me know, and I'll see what I can find for you!
Re: Sue CA and CRA if CA not bonded Nana- I have tried to research for NH but even the State of NH isn't really sure. If you could do some research it would be MUCH appreciated, the downside is the CA is ALSO located in NH.
Re: Sue CA and CRA if CA not bonded Okey dokey, I'm on it! and Hi, there, KHM! Nice to see you! And, already back....here's what I found so far...go to http://www.state.nh.us/nhdoj/Consumer/cpb.html and file a complaint using their form. Even if they don't have a specific area for debt collection, I've complained with the attorney general's consumer protection areas and have had success getting items removed. A few hints: I try to use the language the attorney general's site uses for violations they work on.....buzzwords, if you will. Secondly, I know you know this, but I'm not promising anything but sure have found it is worth a try. Finally, is this CA a branch of one or only in NH? Hope that helps so far...still looking though.
Re: Sue CA and CRA if CA not bonded NanaC, The CA is in FL, and I'm in GA The CA is FLorida First Financial
Re: Sue CA and CRA if CA not bonded Ok, give me a sec! Ok, back, you, my friend, are in luck! Lawdog shows Florida requires registration of Collection Agencies. Their complaint form is at: http://legal1.firn.edu/lit_ec.nsf/$about?OpenAbout Here's the information from Lawdog and it tells you to contact for registration informatin: http://www.lawdog.com/states/fl/st1c.htm Here's where you can find out whether the CA is licensed in Florida: http://www.dbf.state.fl.us/licensing/ More good news as GA requires that the CA file a third party bond. So, you can go to the state website and ask who has that information. YOu usually email them and they tell you yes or no. Be sure you give them the entire address as CA's often duplicate their names but it has to be the location as well. Finally, GA has some extra CA laws that may help you, see http://www.lawdog.com/states/ga/st1c.htm for more info there I think you hit the jackpot today. LOL The florida website I gave you has a drop down search for collection agency licenses.....COOL
Re: Sue CA and CRA if CA not bonded HI NANA!!!!! Here's the low down: They are credit bureau services of NH, the weird thing is, they pull ONLY Equifax reports and they only report to TU. I sent this CA a validation letter Jan. 12th (within the 30 days) I heard NOTHING from after that. BUT I never sent the estoppel. The first week in May it shows up on my report, but it says reported since 3/02. Here's the thing, I thought it wasn't mine cause it says collection as of 12/01. After some research I figured out that it is from a dentist I went to in 11/00. I'm afraid to pay it cause I know they own a $1100 collection for my daughter for medical tests, and I'm afraid if I pay it they will come after me for that one. They also just verified the one for the dentist. So Nana, would you pay it and be done or validate? BTW, they have owned MANY MD bills for hubby and as soon as it's PIF within 60 days they delete.
Re: Sue CA and CRA if CA not bonded Heyya!!!! Honestly, I would send the estoppel. They have violated the law by not validating. Shoot, anyone could say you owe them something by doing a bit of research. How do you know they really own the bill or have a right to collect it? Yes, the estoppel would be my next step. Then, after 15 days, I'd contact the AG, the BBB (it never hurts), and everyone's mother that works there! hahaha....j/k on that last part.....sorta....teehee How much is this bill, btw?
Re: Sue CA and CRA if CA not bonded $450, and it was for my whole family, 2 kids, me and hubby. Can they really place hubby's bill on my CR?
Re: Sue CA and CRA if CA not bonded NanaC, Thanks for the landslide of Info. Cartainly appreciate it.
Re: Sue CA and CRA if CA not bonded KHM, Yeah, I'd do the steps I stated earlier. You want to be sure you are dealing with a valid debt owed to these people. Basically, since they didn't reply in the 30 days, you don't owe them anything. Wait the 15 days, then if it is still on your credit report, do the AG stuff we discussed. Also, I'd dispute it on my credit report at the same time as not mine and see if they validate them. More violations are better ammunition. Backspace, you are most welcome!
Re: Sue CA and CRA if CA not bonded Have a question about the law the middle section states the CA has to post a bond for security of 50K with county clerk where their primary place of business is located... Question since The CA is located in FL and i'm in GA, what does that mean? If i read this correct GA Law makes them post 50K bond in FL???? Or do i have it confused, and they have to post here, which makes more sense.. Please break this down for me here's the law below... Collection Agency Licensing Requirements: The Official Code of Georgia contains no provisions regarding licensing requirements of a collection agency. However, the general agency laws of Georgia should be reviewed by counsel. (e.g. see Section 10-1-100 et.seq. of the Official Code of Georgia). Section 10-6-100 of the Official Code of Georgia requires that any person, corporation, partnership, association, or any other entity which engages in the collection of money from others as an agent for a third party post a bond as as security in the amount of $50,000.00 with the clerk of the superior court in the county in which its principal place of business is located. This requirement is waived if the the number of payments handled by such person, corporation, partnership, association, or other entity is fewer than 20 payments per month and a written authorization to conduct such collection activities as an agent for the third party is obtained. Any person who fails to post a bond may be guilty of a misdemeanor and may be punished by a fine of not less than $300 nor more than $3,000, or by imprisonment for not more than six months, or both. (Section 10-6-102.)
Re: Sue CA and CRA if CA not bonded I do read that as they have to post the bond in FL. If you write to the info link at the GA website, they should be able to clarify for you. I would write it as "how do I check if the bond has been posted?" They'll direct you to FL if necessary, I believe.
