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How can I check if a CA is licensed in my state?

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Anonymous
Not applicable

Re: How can I check if a CA is licensed in my state?



HappyDays wrote:
DOFD  DOLA  and SOL are very important!!!!!!!
 
SOL (simple)
 
Without a DV   you do not know if they can legally collect the debt
 
Does your state require a CA to be licensed or bonded?  If they do & this CA is not.....then the CA can not collect!


I'm trying to find if Utah requires a CA to be licensed or bonded. I think they need to be licensed but I don't know about bonded.
 
What is DOFD or DOLA?
Message 11 of 19
Anonymous
Not applicable

Re: How can I check if a CA is licensed in my state?

I want to add what the letter from ER Solutions says...
 
 
Dear XXXXXXXXXXX
 
This notice is being sent to you by a collection agency. The records of QWEST show that your account has a past due balance of $6XX.XX. Please contact this office so we can help you resolve your account. My phone is 800- XXX-XXXX.
 
Our Client has advised us that they are willing to settle your account for 50% of your total balance due to clean up your past balance. The full settlement must be received in my office by an agreed upon date. If you are insterested in taking advantage of this offer, call me within 45 days of this letter. Your settlement amount would be $3XX.XX to clear this account in full. Even if you unable to take advantage of this offer, please contact me to see what terms can be worked out on your account.
 
sincerely,
XXXXXXX XXXXXXXX
Debt collector.
 
 
 
My husband is telling me that that pretty much says that they will take the settlement as full payment.  Could that be true?
 
 


Message Edited by Keithsclaudie1234 on 02-21-2008 07:38 PM
Message 12 of 19
tryingtogetitrightnow
Regular Contributor

Re: How can I check if a CA is licensed in my state?

I'm guessing that they would report it on your credit report as settled for less than the full amount. Did you say that you can pay Qwest directly? If so and you have the cash, I'd pay Qwest directly, then the CA can't put it on your CR.

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Message 13 of 19
Anonymous
Not applicable

Re: How can I check if a CA is licensed in my state?



tryingtogetitrightnow wrote:
I'm guessing that they would report it on your credit report as settled for less than the full amount. Did you say that you can pay Qwest directly? If so and you have the cash, I'd pay Qwest directly, then the CA can't put it on your CR.


I have the cash to pay the settlement but not to pay QWEST the full amount which is over $600.  I'm starting to think that my best bet is to send them a DV letter but then I will probably lose the settlement offer if they are some how able to validate.
 
 
Message 14 of 19
Anonymous
Not applicable

Re: How can I check if a CA is licensed in my state?

Ok... I just found this and I wanted to get your opinions...
 
 
Looks like that could be my case if I decide to settle without getting a garantee that it won't be reported to the CRA's so my question is...
 
Since they are saying that the settlement will clear the account in full. Can I argue that if I settle and they report it to the CRA's after? Would the CRA's be obligated to delete if I show them proof of payment and I send a copy of the letter?
Message 15 of 19
guiness56
Epic Contributor

Re: How can I check if a CA is licensed in my state?

Yes, Collection Agencies need to be licensed and bonded in Utah.  The above web site was for business licensed in Utah and ER Solutions was there.  However, I found this if it helps:
 
 
 
 
STATE: UTAH

INTEREST RATE

  • Legal: 7.35%
  • Judgment: Contract rate or Federal Judgment Rate

STATUTE OF LIMITATIONS (IN YEARS)

  • Open Acct.: 4
  • Written Contract: 6
  • Domestic Judgment: 8
  • Foreign Judgment: 8

BAD CHECK LAWS (CIVIL PENALTY)
Certified statutory bad check notice must be sent. Amount due, interest, court costs, reasonable attorney's fees, plus $15 bad check fee.

GENERAL GARNISHMENT EXEMPTIONS
$142.50 of disposable earnings for wages paid weekly.

COLLECTION AGENCY BOND & LICENSE

  • Bond: $10,000
  • License: Yes
  • Fee: Varies by City and County.


Message Edited by guiness56 on 02-22-2008 07:04 AM
Message 16 of 19
Anonymous
Not applicable

Re: How can I check if a CA is licensed in my state?



guiness56 wrote:
Yes, Collection Agencies need to be licensed and bonded in Utah.  The above web site was for business licensed in Utah and ER Solutions was there.  However, I found this if it helps:
 
 
 
 
STATE: UTAH

INTEREST RATE

  • Legal: 7.35%
  • Judgment: Contract rate or Federal Judgment Rate

STATUTE OF LIMITATIONS (IN YEARS)

  • Open Acct.: 4
  • Written Contract: 6
  • Domestic Judgment: 8
  • Foreign Judgment: 8

BAD CHECK LAWS (CIVIL PENALTY)
Certified statutory bad check notice must be sent. Amount due, interest, court costs, reasonable attorney's fees, plus $15 bad check fee.

GENERAL GARNISHMENT EXEMPTIONS
$142.50 of disposable earnings for wages paid weekly.

COLLECTION AGENCY BOND & LICENSE

  • Bond: $10,000
  • License: Yes
  • Fee: Varies by City and County.


Message Edited by guiness56 on 02-22-2008 07:04 AM

Thanks so much for taking the time to get that info and at the same time excuse my ignorance but what exactly does the above quote means?
 
I think I have decided that I will send a DV letter to the CA so I was wondering if you could tell me if I need to add the certified mail # at the very top of the letter?
 
thanks.
Message 17 of 19
guiness56
Epic Contributor

Re: How can I check if a CA is licensed in my state?

If you are talking about the collection agency part of the quote it means that a collection agency needs to be licensed and bonded in Utah. The bond is $10,000 the license fees vary by what county and city they are trying to get a license in. The rest of it is talking about your states statute of limitations or the point at which you can no longer be sued for a debt, depending on the type of debt. The garnishment part means that if you get wages garnished they can not touch $142.50 of your earnings weekly after taxes, etc, meaning if you made $500.00 per week they have to leave you $142.50. I use the letter that I write the certified mail number in at the top.

Message Edited by guiness56 on 02-22-2008 03:03 PM
Message 18 of 19
Anonymous
Not applicable

Re: How can I check if a CA is licensed in my state?



guiness56 wrote:
If you are talking about the collection agency part of the quote it means that a collection agency needs to be licensed and bonded in Utah. The bond is $10,000 the license fees vary by what county and city they are trying to get a license in. The rest of it is talking about your states statute of limitations or the point at which you can no longer be sued for a debt, depending on the type of debt. The garnishment part means that if you get wages garnished they can not touch $142.50 of your earnings weekly after taxes, etc, meaning if you made $500.00 per week they have to leave you $142.50. I use the letter that I write the certified mail number in at the top.

Message Edited by guiness56 on 02-22-2008 03:03 PM

Excellent. I've just gave my husband the DV letter so he can mail it Certified mail return receipt. We'll see what happens within the next 30 days.
 
Another question... If they don't validate it what's the next step? or if they validate what is my next thing to do?
 

 
Message 19 of 19
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