topic Re: Midland isn't licensed in Louisiana, what EXACTLY does that mean to me? in Rebuilding Your Credit

Midland isn't licensed in Louisiana, what EXACTLY does that mean to me?

creditgirl — Mon, 18 Aug 2008 01:19:05 GMT

How will this affect me in my dispute with them regarding an account they've listed on my credit report? Does it mean they have to delete the account? What should I do? I am calling my Sec of State's office tomorrow. The website says Midland's license was revoked in Louisiana.

Thanks for helping me sort this out!

creditgirl

Re: Midland isn't licensed in Louisiana, what EXACTLY does that mean to me?

Schoolbuskid — Mon, 18 Aug 2008 01:21:40 GMT

i believe if your state requires CA's to be licensed, and midland is not licensed then they are not allowed to report! You could report them or mention it when you call tomorrow!

Re: Midland isn't licensed in Louisiana, what EXACTLY does that mean to me?

Anonymous — Mon, 18 Aug 2008 01:23:44 GMT

It means that they legally can not collect a debt in your state. If they attempt to after a revocation, they can be fined a hefty amount by the state. It also means they can report the debt.

File a complaint with the BBB, your states AG and the AG office of the state Midlands address is located.

I would send them a DV letter, making sure the paragraph about them being legally licensed in your state is included.

Message Edited by guiness56 on 08-17-2008 06:23 PM

Re: Midland isn't licensed in Louisiana, what EXACTLY does that mean to me?

creditgirl — Mon, 18 Aug 2008 01:29:35 GMT

guiness56 wrote:
It means that they legally can not collect a debt in your state. If they attempt to after a revocation, they can be fined a hefty amount by the state. It also means they can report the debt.

File a complaint with the BBB, your states AG and the AG office of the state Midlands address is located.

I would send them a DV letter, making sure the paragraph about them being legally licensed in your state is included.

Message Edited by guiness56 on 08-17-2008 06:23 PM

Okay, I will DV them, but I'm wondering if they will hit me with the "outside the 30 day period" response. If they do, I will file a complaint with all of the above. Hopefully, that will get this one taken care of since I can't seem to get it done any other way.

These guys are something! They are reporting the account as an installment account on one report (and they've hit me with 18, 90 day lates!) and an Open account on another. I will be SO glad to be rid of these people!!

Re: Midland isn't licensed in Louisiana, what EXACTLY does that mean to me?

Anonymous — Mon, 18 Aug 2008 01:38:52 GMT

They can try to but as they are not licensed in your state they can not collect or report. They are in violation of your states laws.

They also can not report it as an open account. Any account that goes to collections is a closed account. This is a violation of the FCRA.

Send the DV letter.

File complaints against them.

Re: Midland isn't licensed in Louisiana, what EXACTLY does that mean to me?

Anonymous — Mon, 18 Aug 2008 02:54:16 GMT

I have a similiar situation in MS. MS does not require collection agencies to be "licensed", in fact there are no statutes pertaining specifically to "collection agencies". However, MS does have statutes that requires all business to be licensed by the Secretary of State, if they do business in MS.

Could I file a complaint with Secretary of State, Attorney General and BBB even though we don't have statutes that pertain to "Collection Agencies"

Re: Midland isn't licensed in Louisiana, what EXACTLY does that mean to me?

Anonymous — Mon, 18 Aug 2008 03:00:08 GMT

I am not too sure about that. I do know that Mississippi statutes say that when the SOL has expired, so does the debt.

Do you know when, if this is an accurate debt, that a last payment was made?

Re: Midland isn't licensed in Louisiana, what EXACTLY does that mean to me?

Anonymous — Mon, 18 Aug 2008 03:02:57 GMT

guiness56 wrote:
I am not too sure about that. I do know that Mississippi statutes say that when the SOL has expired, so does the debt.

Do you know when, if this is an accurate debt, that a last payment was made?

Guiness,

If debt expires when SOL expires can CA still report? This is a debt that was PIF 4/2006.

Re: Midland isn't licensed in Louisiana, what EXACTLY does that mean to me?

Anonymous — Mon, 18 Aug 2008 03:04:18 GMT

Guiness:

I posted some of what is going on with DDs CRs here:

http://ficoforums.myfico.com/fico/board/message?board.id=rebuildingcredit&thread.id=24129

Re: Midland isn't licensed in Louisiana, what EXACTLY does that mean to me?

Anonymous — Mon, 18 Aug 2008 03:04:39 GMT

Since you paid the debt in full this would not apply to you.

Re: Midland isn't licensed in Louisiana, what EXACTLY does that mean to me?

Anonymous — Mon, 18 Aug 2008 03:05:52 GMT

I would start filling complaints.

Re: Midland isn't licensed in Louisiana, what EXACTLY does that mean to me?

Anonymous — Mon, 18 Aug 2008 03:07:12 GMT

There are other collections past SOL that I am willing to pay in full, so

if past SOL can they still legally report the debt?

Re: Midland isn't licensed in Louisiana, what EXACTLY does that mean to me?

Anonymous — Mon, 18 Aug 2008 03:18:30 GMT

guiness56 wrote:
I would start filling complaints.

Guiness:

Who are you telling to file complaints? Me or creditgirl or both????

Re: Midland isn't licensed in Louisiana, what EXACTLY does that mean to me?

Anonymous — Mon, 18 Aug 2008 06:12:47 GMT

For you, if the debt is out of SOL then MS will no longer recognize the debt. As far as it being on your CR, you paid it so this would not apply. If you have others, unpaid, on your CR, I would suggest contacting an attorney in your state. Most of them offer free consultations. I am really not sure what advice to offer under the circumstances.

If the state requires a CA to be licensed and they are not, that is grounds to file a complaint.

Re: Midland isn't licensed in Louisiana, what EXACTLY does that mean to me?

Anonymous — Mon, 18 Aug 2008 07:27:43 GMT

the SoS website has two entries under the name Midland Credit Management ~ one is classified as a

"Business Corporation (non-Louisiana)" whose license was revoked 9-17-2002.

with a domicile address of 500 West First, Hutchinson, KS, principal bus. est. in Baton Rouge, LA

The other one is classified as "collection agency" who registered almost exactly 4 yrs later on 9-21-2006 with a domicile address of 515 S. Kansas Ave, Topeka, KS (imagine that, the zip is 66603)

Am I the only one who doesn't think this is "coincidence"? They both came out of KS, same name, registered w/ a diff. address 4yrs and 4 days after they were revoked?

In reality, though, what does this mean for us? Does it mean they actually are revoked and are gaming the system...and getting away with it?

Re: Midland isn't licensed in Louisiana, what EXACTLY does that mean to me?

Anonymous — Mon, 18 Aug 2008 14:20:23 GMT

Here is what the Commercial Division of the Sec'y of State's office had to say:

MCM is registered as a debt collector but not licensed to do business in Louisiana, which "apparently" means that they can attempt to collect on debts but they don't have access to the court system, as a business entity... of course, I was given the disclaimer that they aren't lawyers and she sounded a little unsure of the whole thing herself, but this is the answer she was given upon asking somebody in her department.

Now, in thinking about this after hanging up the phone, I'm not sure how accurate that part is, considering the court system is a public one and we all have access to it...HOWEVER, I've never filed suit as a business, so is it different, then? I guess it could make sense that a business would have to be legally licensed in order to file suit under their business name...

Thoughts? Words of wisdom? Edumacated guesstimates?

Re: Midland isn't licensed in Louisiana, what EXACTLY does that mean to me?

llecs — Mon, 18 Aug 2008 16:03:57 GMT

Here's LA's definition of a CA in RS:9.3534.1(A):

For purposes of this Section, "collection agency" and "debt collector" are synonymous and interchangeable terms and mean any person, other than a licensed Louisiana attorney, who uses any instrumentality of intrastate or interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another, and relative to Louisiana clients, notwithstanding the fact that such person has no employees, offices, equipment, or other physical facilities in this state, or any person who regularly attempts to collect, directly or indirectly, debts owed or due, or asserted to be owed or due another, and who is located in the state regardless of whether the person has Louisiana clients.

Part (B) states that all CA's must register.

Part (C & D) states the CA must be registered to bring about a suit in LA. Backs up a prev. poster's comment on their conversation with LA.

BTW, Part E states that you must DV a CA prior to answering a court summons.

I tried to link the law but couldn't. LONG address. You can find it by googling "3534.1 AND Louisiana"

Re: Midland isn't licensed in Louisiana, what EXACTLY does that mean to me?

creditgirl — Mon, 18 Aug 2008 16:09:48 GMT

WhatzUrPlan wrote:
the SoS website has two entries under the name Midland Credit Management ~ one is classified as a

"Business Corporation (non-Louisiana)" whose license was revoked 9-17-2002.
with a domicile address of 500 West First, Hutchinson, KS, principal bus. est. in Baton Rouge, LA

The other one is classified as "collection agency" who registered almost exactly 4 yrs later on 9-21-2006 with a domicile address of 515 S. Kansas Ave, Topeka, KS (imagine that, the zip is 66603)

Am I the only one who doesn't think this is "coincidence"? They both came out of KS, same name, registered w/ a diff. address 4yrs and 4 days after they were revoked?

In reality, though, what does this mean for us? Does it mean they actually are revoked and are gaming the system...and getting away with it?

I noticed this information as well late last night. I'm not sure what it means, but I am in the process of contacting a consumer attorney to find out. Hopefully, I can get a free consult!! I'm not sure what is going on with Midland here in LA!!

Re: Midland isn't licensed in Louisiana, what EXACTLY does that mean to me?

Anonymous — Tue, 19 Aug 2008 02:58:40 GMT

Basically, it seems that regardless of actual business license, they are legally allowed to not only collect a debt in LA but to also bring suit against us.

Don't lose heart, they'll typically violate in some other way, just watch your reports closely, the balances, how they report, etc. I know they're reporting differently on mine PLUS I have multiple letters from them, two written each on the same date but both with different dollar amounts due for the ONE account they're trying to collect from me.

Remember, this is MCM ~ give them enough rope, they'll usually hang themselves, simply because they don't care about our rights or the law...