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Robert PLS HELP

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CreditChampion
Frequent Contributor

Robert PLS HELP

Can a collection agency sue you/report to credit if they are not licensed/bonded to collect debts in your state? How can I find out if a particular collection agency is licensed/bonded to collect debts in my state Maryland thanks. Maryland law requires that they have to be bonded/licsensed.

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8 REPLIES 8
Datx
Valued Contributor

Re: Robert PLS HELP

Message 2 of 9
CreditChampion
Frequent Contributor

Re: Robert PLS HELP

Ok so they arent license/bonded to collect in my state....next steps?

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cadavis0609
Frequent Contributor

Re: Robert PLS HELP

What kind of account is it and how did you aquire a debt out of state? Did you move? If so,  is the CA licensed in the state that you left? I may be wrong, but I believe if they are licensed in the state that the original debt is in, they may take you to court in that that state and you will be found liable for the debt in your absence. However, getting you to actually pay it may be a different story. I think thats right but I'm basing this off of an entirely different entity; Child support. My ex wife lives in Indiana, I live in VA and getting her to pay child support is nearly impossible, even though the state of VA has said that she owes it. The order has to be domesticated in IN in order for them to collect on it. It has been now, but it took quite awhile. 

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Message 4 of 9
CreditChampion
Frequent Contributor

Re: Robert PLS HELP

Well yeah technically its my fathers debt we moved....its a utility bill well inside sol....

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StartingOver10
Moderator Emerita

Re: Robert PLS HELP

What do you mean its your fathers debt?

Is it on your report or on his report?

 

 

Message 6 of 9
Anonymous
Not applicable

Re: Robert PLS HELP

That is an awesome question I have a collection account on my report and the company isn't licensed in my state either. Can that be used to get them removed??

Message 7 of 9
CreditChampion
Frequent Contributor

Re: Robert PLS HELP

His report I'm just helping him

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RobertEG
Legendary Contributor

Re: Robert PLS HELP

Debt collector bonding/licensing requirements are not provided under the FDCPA or FCRA, as they are reserved to the individual states.

It is simply not an issue that congress has chosen to regulate, probably because some debt collectors may not be engaging in interstate commerce, and are doing business only in their state and only with consumers residing in their state.  Regardless, it is reserved to the states

 

What they can or cannot do is thus specified in your state debt collection practices code.  Some states prohibit any collection activities without licensing and/or bonding, while others dont.

Reporting to a CRA is a debt collection activity, as it has become one of the primary tools used by debt collectors.  As a part of any state civil action, I would thus include their reporting as one of the violations of their debt collection activities.  The state court certainly has the authority to require deletion of reporting that violates their state code.

 

I would call the state agency responsible for licensing and bonding of debt collectors.  They will advise you as to both violation and how to proceed.

Message 9 of 9
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