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Can DC pursue legal action without state license?

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Anonymous
Not applicable

Can DC pursue legal action without state license?

I recently received a collection call that I suspect is a scam. The debt is valid however. 

 

If this CA does not have a license in MN where we live, are they able to use legal action against us? We have pocket filing and prejudgment garnishment.

 

We've also started paying on an old auto loan being managed by MRS BPO and now that I'm checking out the above CA, I find this collector also does not show up as having a license here. We've not validated the debt with them, but received a official looking letter (stating they're licensed in MN also) so set up payment without thinking. We're filing for a bankruptcy but need to make sure that no prejudgment garnishment or account freezing occurs before then.  

Message 1 of 4
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llecs
Moderator Emeritus

Re: Can DC pursue legal action without state license?


@Anonymous wrote:

I recently received a collection call that I suspect is a scam. The debt is valid however. 

 

If this CA does not have a license in MN where we live, are they able to use legal action against us? We have pocket filing and prejudgment garnishment.

 

We've also started paying on an old auto loan being managed by MRS BPO and now that I'm checking out the above CA, I find this collector also does not show up as having a license here. We've not validated the debt with them, but received a official looking letter (stating they're licensed in MN also) so set up payment without thinking. We're filing for a bankruptcy but need to make sure that no prejudgment garnishment or account freezing occurs before then.  


If they aren't licensed they may or may not be allowed to bring suit. It depends on your state's laws. When helping with the State Resources thread back in the day (outdated), I noticed that some states did require licensing and some of those still permitted suit.

 

On the other, if you set up a payment plan pre-BK, then I'd continue with that plan until you file. 

Message 2 of 4
Duncanrr
Valued Contributor

Re: Can DC pursue legal action without state license?

Call your State's Attorney General office in the morning.  They should be able to provide you with an answer.



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Message 3 of 4
Anonymous
Not applicable

Re: Can DC pursue legal action without state license?

I called them and they referred me to Enforcement Team at the Commerce Dept. Seems it's a grey area. 

 

Message 4 of 4
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