Re: State Resources[ Edited ]
11-07-2008 11:00 AM - edited 03-13-2009 04:41 AM
Title 25 for judgments, Title 28 for SOL. Title 62, Chapter 20 for collection agency information.
The first link allows you to search by name. The second allows you to search my industry. That link requires you to enter a username and password. The username is "guest" and the password is "report". The second database is a collection of 3 different databases to look by collection agency name, collections manager, or branch location.
The Department of Commerce and Insurance has under its department a Collection Services Board. That Board oversees licensing. T.C.A. 62-20-105 requires licensing for any collection agency collecting within Tennessee.
SOL and judgment information is under the "Civil Practice and Remedies Code".
Title 5 of the "Finance Code" is "Protection of Consumers of Financial Services" and relates to credit reporting and collection agencies.
Finance Code Chp. 392 above is very similar to the FDCPA and governs collection agencies.
Sect. 392.101 covers the bonding of collection agencies and defines collection agencies as any company or person collecting within Texas.
Licensing is required for foreign and domestic collection agencies.
This link also offers a zipped version. Title 12 is completely devoted to collection agencies and their required registration.
The above is not the state statutes. In the state statutes you can find information regarding SOL and judgments. See the information posted above regarding New Mexico rules for a better explanation.
This will provide you with some information regarding judgments/being sued.
Here is another website, but it is not an official state website or endorsed by the state. The information may or may not be accurate, double check the information.
Title 78 for SOL and judgment information.
Utah through 12-1-1 requires both foreign (out-of-state) and domestic (in-state) collection agencies be registered and bonded.
The AG's Office published information re-affirming the FDCPA and is found here.
Title 12 is where you can find information regarding SOL and judgments.
Licensing Information -
There are no licensing requirements for collection agencies. However, each business wanting to do business within Vermont must register with the Secretary of State. While this isn't pertaining to licensing of collection agencies, you can check to see if their registration is active or not. You can also find contact names and officer information.
You can search the link above for complaints on collection agencies.
Title 8.01 for SOL and judgments. Title 11 covers contracts, and Chapter 6 within that title is specific to Credit Card contracts.
There are no specific statutes covering collection agencies. Virginia does require payday lenders to abide by the FDCPA, and thus are considered collection agencies under the law. - 6.1-459.
Licensing Information -
Virginia leaves licensing requirements to each locality rather than the state-level. In looking into this, Richmond, Virginia Beach, Norfolk, and Fairfax County do not require licensing for collection agencies and there are no specific codes dealing with collection agencies.
Title 4 covers SOL and judgments and Title 6 is about the enforcement of judgments. Title 19 for collection agency information.
Revised Code of Washington - RCW 19.16.100 et seq. covers all aspects of collection agencies, licensing and their conduct. RCW 19.16.430(2) states:
(2) Any person who operates as a collection agency or out-of-state collection agency in the state of Washington without a valid license issued pursuant to this chapter shall not charge or receive any fee or compensation on any moneys received or collected while operating without a license or on any moneys received or collected while operating with a license but received or collected as a result of his or its acts as a collection agency or out-of-state collection agency while not licensed hereunder. All such moneys collected or received shall be forthwith returned to the owners of the accounts on which the moneys were paid.
Please read the RCW link posted above. Very interesting information and strict rules about what a CA can and can not do. For example, calling more than 3 times per week or your employer more than once per week is considered harrassment.
Licensing is required for all collection agencies collecting inside the state and applies to both foreign and domestic collectors.
West Virginia -
Chapter 46A is the Consumer Credit Code. See Chapter 55 for SOL information.
This covers collection agencies and spells out a licensing requirement for collection agencies and applies to both foreign and domestic collection agencies.
Chp. 46A Section 2-122 covers collection agency conduct.
More Information -
Licensing Information -
Licensing is required for all collection agencies. Foreign collection agencies must establish an in-state office or contact. Collection agencies must first be registered as a business franchise in WV. You can search via the SOS. They then must be bonded as provided through the link above.
After registering via the Secretary of State, collection agencies then had to get a business license through the West Virginia Tax Department. However, that law was repealed in July of 2008.
Chapter 128 is "Creditors Actions". Chapter 421-429 is the "Wisconsin Consumer Act" section. Chapters 801-847 is Civil Procedure, which includes SOL and judgment information. Chapter 427 is "Consumer Transactions- Debt Collections"
Collection agencies are not required to obtain a license to collect if the agency is outside of Wisconsin. A collection agency cannot take legal action against a debtor if not licensed.
Title 1 is where to find information regarding SOL and judgments. Title 33 Chapter 11 covers collection agencies and licensing. The above link will take you to the home page for the Wyoming Code. Choose Title 33 then Chapter 11 for the text of the code. Chapter 11 requires licensing for any collection agency that collects on behalf of Wyoming creditors, as defined in 33-11-101.
The above link lists all collection agencies collecting on behalf of Wyoming creditors.