I am dealing with a CA that also used another name. They are not licensed to dba "the other co". As of recently, they have been using a name that is licensed. I have SERIOUS proof they they have violated licensing laws. How can I use this for deletions?
Who's going to listen to you about this? I mean, no one is going to care about it, except for maybe a state agency, and they're not likely to do much, since it's such a minor offense. For all you know, they did file the DBA, and it's just not showing up in the database you're checking. In other words, their license status issues aren't an excuse for you to avoid paying the debt.
Re: Re: Doing business w/o license BTW, this would violate § 807. False or misleading representations [15 USC 1962e] A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.
Re: Re: Doing business w/o license Queen, it could be the CA is operating under an assumed name that another biz license covers, check your states corporations site and do a search for this particular biz, some states have online access to the assumed name database, others you have to contact via phone or mail and ask for the documents that relate to the company. Some state laws allow them to do this, for there personal protection,, aint that a crock of sh*T
Re: Re: Re: Doing business w/o license I assume that you are in GA too? They are licensed under one name with the business license office, the other name, the business license office has never heard of. Is the database that you speak of? https://secure.sos.state.ga.us/myverification/ Neither one of their names are coming up there. If a company is licensed by the city., do they also have to be licensed by the state (of GA)?
Re: Re: Re: Doing business w/o license You assume correctly. Heres ya another tidbit,, although CAs are not required to post a bond with the State of Ga, they are required to post a $50,000 bond with the Secretary of the Court in the county in which there principle biz address is located, providing they do more than 20 collections a month ... Per the OCGA Try searching here first http://www.sos.state.ga.us/corporations/ If you feel comfortable with it, post the company name, you can always go back and delete the thread, I will see what I can dig up.
Re: Re: Re: Doing business w/o license "If a company is licensed by the city., do they also have to be licensed by the state (of GA)?" In Ga, you purchase a biz license in your principle county, this covers the entire state. Or at least in the case of my biz it does.
Re: Re: Re: Doing business w/o license Georgia Code Holds Original Creditor Responsible For Any Illegal Acts of its Debt Collectors... 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.) Debt collectors should also discuss with counsel the provisions of Rules and Regulations of the State of Georgia Section 120-1-14 et.seq., Amended UNFAIR TRADE PRACTICES. One section is reproduced below: 120-1-14-.25 Use of Debt Collectors; Agreement. Every creditor shall be presumed to know that any debt collector engaged by the creditor will be an agent of the creditor and will be acting for and in behalf of the creditor in connection with the collection of any debt allegedly owed the creditor. Every creditor shall be absolutely responsible for observance of these rules and regulations by the debt collector in connection with all activities of the debt collector so far as they are taken in collecting or attempting to collect any debt allegedly owed to the creditor, and it shall be no defense to the creditor that any violation complained of was not an activity of the creditor himself or itself. Before engaging any debt collector, a creditor shall require the debt collector (or a responsible officer of the debt collector) to execute a sworn certificate under the penalty of perjury, that he has read and understands each and all of these rules and regulations pertaining to debt collection and that each and all of them will be carefully observed in the activities of the debt collector. 10-6-1 G *** CODE SECTION *** 12/03/01 10-6-1. The relation of principal and agent arises wherever one person, expressly or by implication, authorizes another to act for him or subsequently ratifies the acts of another in his behalf.
Re: Re: Re: Doing business w/o license "Every creditor shall be absolutely responsible for observance of these rules and regulations by the debt collector in connection with all activities of the debt collector so far as they are taken in collecting or attempting to collect any debt allegedly owed to the creditor, and it shall be no defense to the creditor that any violation complained of was not an activity of the creditor himself or itself." Im sorry, I just love that section lol I also love this little snippet of the above.. "in connection with all activities of the debt collector so far as they are taken in collecting " The OC may not like it and may not beawre of it, but in GA, there covered under the FDCPA also ... snicker snicker
Re: Re: Re: Doing business w/o lice Ok, so you guys got it all figured out how to use all that information or at least you think you do. Just one little problem. If license laws are violated the privated citizen has no right to private action. The right to cure remains solely with the state since they are the injured party. So all the digging in the world isn't going to do you any good at all. Even if you find out they are operating illegaly and you file a complaint on them they will just comply and come after you that much harder.
Re: Re: Re: Doing business w/o lice Bill, I hate to tell you, but there are no license laws concerning CAs in Ga. or shal I say , no special license requred. You know, I just had a thought,, maybe we should all run over to your site and pay you to do something we can do ourselves for free. "So all the digging in the world isn't going to do you any good at all." So I quess when you were born, You knew everything about Credit?? "Even if you find out they are operating illegaly and you file a complaint on them they will just comply and come after you that much harder." Which in there anger, would lead to them making stupid mistakes. uh yep.
Re: Re: Re: Doing business w/o lice "Even if you find out they are operating illegaly and you file a complaint on them they will just comply and come after you that much harder." Besides Bill, why would one want to file a complaint, when one could bring up in court that they are operating outside the law?
Re: Re: Re: Re: Doing business w/o Well, I hate to tell you, but I never said there was. You know, I just had a thought too,, maybe if you spent the next 3 or 4 years doing your homework you just might learn how to do it the right way. No, it isn't for the very simple reason that even if Georgia did have license requirements for collectors and you caught some CA violating the law all you could do is waste your time complaining about it. Of course, some people just aren't happy unless they are bitching about something or somebody. No, I had to work for the knowledge. I've had to work every day of my life. I grew up on a farm where the work was hard and the hours long. I was taught that if you want something you have to work for it and not be begging others to give me something for free all the time. Maybe, maybe not. You can always hope.
Re: Re: Re: Re: Doing business w/o Bill Bauers Quote of the Day "No, I had to work for the knowledge. I've had to work every day of my life. I grew up on a farm where the work was hard and the hours long. I was taught that if you want something you have to work for it and not be begging others to give me something for free all the time." http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=331326#post331326 Bill, I dont recall having ever begged anything of you, or having ever asked anything free of you, IMO your condencending attitude and blatant arrogance in and of it self would make me flee from your site with a quickness, not to say that your site donst offer some good advice. IMO your remarks above pretty much well sums up your feeling's of any one that may ask of you a question. Quite frankly I feel it to be worse than a racial slur, if your going to post in this forum and others like it, dont turn around and call those whom are asking you questions Beggers Bill, I dont think even your longwinded and colorful writing can excuse you for your comment, I dont believe Ive even seen a troll in here say something like what you have said.....
