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

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guiness56
Epic Contributor

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

Message 11 of 19
Anonymous
Not applicable

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

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?
Message 12 of 19
Anonymous
Not applicable

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



guiness56 wrote:
I would start filling complaints.


Guiness:
Who are you telling to file complaints?  Me or creditgirl or both????
Message 13 of 19
guiness56
Epic Contributor

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

 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.
Message 14 of 19
Anonymous
Not applicable

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

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"Business Corporation (non-Louisiana)" whose license was revoked 9-17-2002.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? 
Message 15 of 19
Anonymous
Not applicable

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

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? 
Message 16 of 19
llecs
Moderator Emeritus

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

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"
Message 17 of 19
creditgirl
Regular Contributor

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



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!!
FICO 9/1/07 FICO 9/26/07
TU--534 TU--538
EX---552 EX---562
EQ---454 EQ---454
Message 18 of 19
Anonymous
Not applicable

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

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...
 
Message 19 of 19
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