Re: Sue CA and CRA if CA not bonded Georgia does not regulate collection agencies. This site gives the collection agency requirements for each State. http://www.edebtnetwork.com/content/collection_laws.asp
Re: Sue CA and CRA if CA not bonded I have still had success even if they don't "regulate" the collection agencies because they still require the CA's to follow the federal laws and will help. For instance, MO doesn't but I got the Attorney General's help when a CA had repeat violations on my account and it was removed. So, don't count them out just because they don't have specific boards overseeing them.
Re: Sue CA and CRA if CA not bonded backspace, what city is this company located in? I'm in FL. I did some searches and there is 3 companies under that name. Of the 3 only 1 has a current license.
Re: Sue CA and CRA if CA not bonded information on Texas Debt Collection Act which requires third party collection to post a $10Ksurety bond with the state. Friday, February 16, 2001 CORNYN OBTAINS $1.8 MILLION JUDGMENT AGAINST DEBT COLLECTORS Houston, Dallas Operations Had Targets Nationwide AUSTIN - Texas Attorney General John Cornyn today obtained a final injunctive order, including a $1.8 million dollar judgment, against four Houston- and Dallas-area debt collection agencies. The Attorney General filed suit on Jan. 3, obtaining an initial asset freeze as part of a temporary restraining order against these debt collection operations that solicited business in several states. The defendants named in the order are Rudolph Stearnes III, William Ficka III and Kyle Holder with their respective companies - Campbell, Campbell, Drexler & Gates; Thomas, Thomas, Alexis & Lynn; and Ashton, Ashton, O'Riley & Schwartz. These agencies acted as third-party debt collectors and solicited collection accounts nationwide through the use of unsolicited faxed advertisements. The companies collected monies from debtors and repeatedly failed to turn most of these monies over to their creditor-clients, as required in the clients' contracts. The defendants also threatened debtors over the phone, violating various state laws. The companies were charged with violations of the Deceptive Trade Practices and Consumer Protection Act and the Debt Collection Act, a state law requiring third-party debt collectors to be bonded with the state of Texas. The order obtained today requires the defendants to file a bond with the Texas Secretary of State in order to conduct any debt collection business. Furthermore, any such business must be in strict compliance with state laws. The defendants are required by the order to deposit all debt collection funds in an escrow account, to be held there until monies are paid to creditor-clients. The final order provides the state of Texas with a $1.8 million dollar judgment, which includes $60,000 in fines and penalties, $250,000 in attorney fee reimbursements to the state, and $1.5 million dollars in restitution. To File a Complaint If you would like to file a consumer complaint against a debt collection agency or loan company, you can file a complaint online on the agency's Web site at www.oag.state.tx.us. You can also request a consumer complaint form by calling the Office of the Attorney General at (800) 621-0508. The Consumer Credit Commissioner also accepts complaints against loan companies. You can reach that office at (800) 538-1579.
Re: Sue CA and CRA if CA not bonded Maggie, Thank you for that post. Adds more support to my thinking on this! OK, if you want to find out if a Texas debt collector has their bond, I was told to email nweston@sos.state.tx.us or by calling the legal support unit at 512-475-0775. She's quick, too! Hope this helps!
Re: Sue CA and CRA if CA not bonded I contacted the same group - Texas Secretary of State- Statutory Documents. Since the CRA that I was checking on DID NOT have a bond posted under the name on the letter that they sent me, I was elated !!! Personnel in office said if I sent a WRITTEN request, they will send a "certificate of no record" from their agency... that will certify that CA XYZ does not have a Third Party debt collector's bond filed under the name of XYZ. <<< as an aside, they do have a bond filed under a similar, but not exact name, ZZZ. However, the SOS personnel said they cannot assume that it is one and the same, that if the CRA is doing business as XYZ in addition to or instead of XXX, they are required to notify them through a rider from their bond company (or at least that's whay I think she said.) She said they cannot presume it is the same company, so they have no choice but to issue the "certificate of no record." Mail written request to Texas Secretary of State-Statutory Documents Attention Nina Weston PO Box 12887 Austin, Texas 78711 Now, what I need is advice on what to do with this certificate, once I get it in my hot little hands . If anyone remembers, the CRA is trying to collect a library debt. I have disputed once as not mine and once as inaccurate, both times with the three CRA's. Verified both times/all three CRA's. Have never disputed with CA.
Re: Sue CA and CRA if CA not bonded sorry, too much coffee of course I meant that COLLECTION AGENCY is trying collect the debt, not the CRA's... SORRY FOR FAT FINGERS AND BLONDE MOMENTS
Re: Sue CA and CRA if CA not bonded Maggie, you angel! Thank you, thank you! I will send for mine right away. Well, my thinking is, first let the company know you know and have proof and they better delete with letter confirming deletion or else...then from there..well, let's see! You rock, Maggie! Backspace, check GA, you could do the same there, I bet!
Re: Sue CA and CRA if CA not bonded WAIT !!!! ONE MORE THING... "certificate of no record" will cost you $10.00. But clerk said you could either send them a check up front, or they will bill you for the certificate, and you can send them the check upon receipt of the certificate !!! don't want to hold up the process...let them know in request that you are aware of $10 cost, so they don't delay the process by asking permission to proceed. Hope this helps !
Re: Sue CA and CRA if CA not bonded Ok in TN, it states out of state collections are exempt? That means they are a cesspool of collecting? What about those attorney/collectors? Do they have to have licenses? Exemption for out-of-state collectors: 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.
Re: Sue CA and CRA if CA not bonded NanaC, if you want to chat, turn your email on for a few moments...or can you go to Chat room? I am assuming you live in Texas....
Re: Sue CA and CRA if CA not bonded Does this mean if I can't find Asset Acceptance on there that they don't have a license? If so, what do I do with that information? I just sent them the intent to sue this week and am looking for any more info I can use if they don't fold. Thanks!
Re: Sue CA and CRA if CA not bonded How can I find out if Asset Acceptance Corp. is licensed for Nevada?
Re: Sue CA and CRA if CA not bonded Mindcrime are you asking what the requirements are if you live in Nevada or if Asset is in Nevada? I found this on a State of Nevada website, maybe it helps? COLLECTION AGENCY (NRS & NAC 649): Physical office required in Nevada. License required for solicitation by telephone or mail to attempt to collect a debt in Nevada on behalf of a Nevada client. An out of Nevada Collection Agency attempting to collect into Nevada on behalf of an out of Nevada client is exempt form licensing, provided those activities are limited to interstate communication (ie: telephone, fax, or mail). Background investigation required on principal owning or acquiring control of company. A surety bond must be filed with the commissioner. The amount of the bond is between $25,000 and $50,000, determined by the amount of average monthly collections received by the agency. Trust accounts must be maintained in a Nevada Bank. All printed forms require prior approval by FID.
Re: Sue CA and CRA if CA not bonded laurie, Thanks for the info. I was referring to Asset Acceptance being out of state, same for the OC. According to the info above, they do not need to be licensed, however they need to have a surety bond of $25-$50k, am I reading that correctly? If I am, how would I go about finding that out.
Re: Sue CA and CRA if CA not bonded Let me look around a little. I'm interested too since I'm dealing with them as well. I found this site that must be like "Things For Collection Agencies to Watch Out For". It had this on it: (LOL) IV. LICENSING ISSUES At least twenty-seven states require licensing or registration, and at least twenty-eight states require bonding. These bonding and licensing requirements present a number of dangers for collection professionals. The following are examples, and are not intended as an all-inclusive list. A. Local Office Required The collection agency statutes in Arizona, Hawaii, Nevada, and Wyoming contain provisions requiring local offices.
Re: Sue CA and CRA if CA not bonded This part interests me. However, from the above section you posted, this only comes into play if the client (OC) is a Nevada client. Which, in my case is not. Again, thanks for the info.
