Do you think this CA is actually licensed?

[Anonymous]

I don't think they 'have to' under FDCPA but since my state requires licensing, I can ask - and BTW, the only reason to ask for a registered agent is to file suit so they may back off thinking something is coming their way.  The Registered Agent is readily available (and they know this) by tracing the Company - it's online here and I can have it in about 2 minutes or less from the time I start looking.

A few of their own tactics thrown back at them.

[Anonymous]

This is what I was told by my state (Connecticut)  if a CA is not licensed in this state then they can NOT collect!!!!  file a complint with your state AGs office, The state that the CA is in AND because they can not collect & are reporting on you CR  www.ftc.gov  

You file with the FTC because they are reporting negative info. and it is hurting your credit & they are illegal in your state!

Message Edited by HappyDays on 11-29-2007 12:38 AM

[azsassycat]

OK - here's what I've done

1.  Filed a complaint with the FTC

2.  Filed a complaint with the AZ Attorney General

3.  Filed a complaint with the AZ Department of Financial Institutions

4.  CC'd the CA

I guess it's now wait and see.

Cathleen

[Anonymous]

BRA-VO!!!!

[Anonymous]

How can I find out if they (PORTFOLIO RECVRY&AFFIL) are liscenced in Georgia and Montana.

[azsassycat]

GEORGIA

Collection Agency Licensing Requirements:
The Official Code of Georgia contains no provisions regarding licensing requirements of a collection agency.  However, the general agency laws of Georgia should be reviewed by counsel. (e.g. see Section 10-1-100 et.seq. of the Official Code of Georgia). Section 10-6-100 of the Official Code of Georgia requires that any person, corporation, partnership, association, or any other entity which engages in the collection of money from others as an agent for a third party post a bond as as security in the amount of $50,000.00 with the clerk of the superior court in the county in which its principal place of business is located.    This requirement is waived if the the number of payments handled by such person, corporation, partnership, association, or other entity is fewer than 20 payments per month and a written authorization to conduct such collection activities as an agent for the third party is obtained.  Any person who fails to post a bond may be guilty of a misdemeanor and may be punished by a fine of not less than $300 nor more than $3,000, or by imprisonment for not more than six months, or both.  (Section 10-6-102.)

Debt collectors should also discuss with counsel the provisions of Rules and Regulations of the State of Georgia Section 120-1-14 et.seq., Amended UNFAIR TRADE PRACTICES. One section is reproduced below:
 

120-1-14-.25 Use of Debt Collectors; Agreement.

Every creditor shall be presumed to know that any debt collector engaged by the creditor will be an agent of the creditor and will be acting for and in behalf of the creditor in connection with the collection of any debt allegedly owed the creditor. Every creditor shall be absolutely responsible for observance of these rules and regulations by the debt collector in connection with all activities of the debt collector so far as they are taken in collecting or attempting to collect any debt allegedly owed to the creditor, and it shall be no defense to the creditor that any violation complained of was not an activity of the creditor himself or itself. Before engaging any debt collector, a creditor shall require the debt collector (or a responsible officer of the debt collector) to execute a sworn certificate under the penalty of perjury, that he has read and understands each and all of these rules and regulations pertaining to debt collection and that each and all of them will be carefully observed in the activities of the debt collector.

~~www.lawdogs.com

Message Edited by azsassycat on 01-15-2008 10:40 AM

[azsassycat]

MONTANA

The State of Montana does not have licensing requirements for collection agencies. The provisions of the Federal Fair debt Collection Practices Act obviously applies.

~~www.lawdogs.com

Message Edited by azsassycat on 01-15-2008 10:40 AM

[rycoop]

Okay gotta ask b/c I have this CA on me too. What about WA state? Do they have to licensed here too? You don't have to do the work for me, just send me a link or tell me how ya found it out... PLEASE!!

Oh and azsaaycat.... THANKS for this post, I'm learning TONS.

Ry

[azsassycat]

Washington Collection Agency Licensing Requirements:

Collection Agency and Out-of-State Collection Agency: Complete application includes the following: (You can download these forms from your own desktop or work-station.)

• Complete the Master Application.

• Complete the Master Application Supplement for Collection Agency, Branch Office, Out-of-State Office form.

• Provide a current Financial Statement showing liabilities and assets of $7,500 - of which $5,000 must be cash or liquid assets

• Complete the Collection Agency or Out-of-State Collection Agency Surety Bond - $5,000 bond or cash deposit, trust account and a Washington office. A cashier's check payable to the Washington State Treasurer is required for a cash deposit.

• List of persons with more than 20% interest in the business.

• Appropriate Collection Agency Application fees as listed below:

Collection Agency:

Main office $900 (includes a $250 investigative fee), re-registration after license expired over 30 days - $1,650 Branch office $350, re-registration after license expired over 30 days - $900. A Collection Agency Branch license is now required for ALL branch offices inside or outside Washington State.

Out-of-State Collection Agency:

Main Office $450 (includes $125 investigative fee), re-registration after license expired over 30 days - $825 Branch Office $175, re-registration after license expired over 30 days - $450. Based on other states' laws, branch locations of Out-of-State Collection Agency license holders may be exempt from the $175 license fee. Please contact the Business & Professions Division at (360) 664-3439 for more information.

Note: If the home state of a qualified out-of-state applicant does not require license fees of non-resident, out-of-state agencies, the Washington fees can be waived. Must provide a copy of home state's laws.

Renewal Fees:

Collection Agency:

Main Office $600, late renewal - $1,000 Branch Office $350, late renewal - $550

Out-of-State Collection Agency:

Main Office $300, late renewal - $500 Branch Office $175, late renewal - $275

Note: If the home state of a qualified out-of-state license does not require fees of non-resident, out-of-state agencies, the Washington renewal fee can be waived. Must provide a copy of home state's laws.

Exam Required For: No examination required.

DEPARTMENT OF LICENSING
STATE OF Washington
Washington is a closed border state. A license is required prior to contacting debtors or soliciting clients in Washington

Licensing
Collection Agencies

 Download Forms

MASTER LICENSE SERVICE
    DEPARTMENT OF LICENSING
    P. O. Box 9034
Olympia, WA 98507-9034
Tel:  (360) 664-1400
Web Site: www.wa.gov/dol/bpd/colfront.htm.

~~www.lawdogs.com

Ry-

Click on the link below to be taken directly to the State of Washington's Department of Licensing website - you should be able to tell if your collection agency is licensed in the state of Washington.

https://fortress.wa.gov/dol/dolprod/bpdLicenseQuery/

Cathleen

[Anonymous]

hey azsassycat, what about maine. i live in maine. thanks