Author Topic: JDB not registered in my state - AZ  (Read 2676 times)

0 Members and 1 Guest are viewing this topic.

tribeseeker

  • Valued Member
  • Posts: 42
JDB not registered in my state - AZ
« on: December 10, 2011 06:02:45 PM »
I sent a standard (DB style) DV to Commercial Services Group in KY, after I had checked to see if they were licensed to do business in my state: AZ.  They are not licensed in AZ. 

One week after sending my DV, I received another letter from them stating that they had not received payment from me and without payment or contact from me may be forced to take legal action.

Clearly this is a violation.  Do I ignore since they have no standing in AZ, do I send another DV, or do I do something I haven't even thought of yet (that one of you might suggest)?

tribeseeker

  • Valued Member
  • Posts: 42
Re: JDB not registered in my state - AZ
« Reply #1 on: December 10, 2011 07:30:42 PM »
Correction:  "One week after sending my DV"  should have read "One week after the date stamped on the return receipt"

kevinmanheim

  • Valued Member
  • Posts: 11515
Re: JDB not registered in my state - AZ
« Reply #2 on: December 10, 2011 07:41:42 PM »
I would send another CMRRR letter, reminding them the matter remains in dispute and that they have failed to answer the first DV request.

It's tempting to remain quiet and let them continue violating, but I think it is more important to document the fact that no DV has been received.

I've been in a similar situation with another CA, and they continued to send form letters even after my CMRRR DV reminder.

At that point, I kept quiet and let the violations mount.

No way would I mention to them that you know they aren't licensed. They know they aren't licensed.

Keep letters short and to the point:

"On x/x/xx I sent your office a request for validation of this debt. That request has bot been resolved. Please validate the debt." 

I would not mention the CMRRR receipt. I would not mention the FDCPA.

tribeseeker

  • Valued Member
  • Posts: 42
Re: JDB not registered in my state - AZ
« Reply #3 on: December 10, 2011 07:53:27 PM »
Got it. Thank you Kevinmanheim!

HeadsUp

  • Valued Member
  • Posts: 1143
  • judgment proof
Re: JDB not registered in my state - AZ
« Reply #4 on: December 12, 2011 10:38:08 PM »
Did you search for them in here...

http://www.azdfi.gov/lists/CA_List.HTML

If they aren't in there, and are calling you in Arizona, they are in violation of state law as well. 

All collection agencies must be licensed through the Arizona Department of Financial Institutions in order to call people in this state.

File a complaint against them here...

http://www.azdfi.gov/index.html

Click on "Consumer Complaint Form"

Finally a collector admits it...

"The reality is that there are people who can't pay and the job of an agency in my opinion is to separate those who can and those who cant and to not waste resources and efforts on those who cant." -- Dr. Evil.

All this nonsense about aggressive judgment enforcement against someone with no assets is just that-- utter nonsense.

http://www.debtorboards.com/index.php?topic=13309.msg100303#msg100303

tribeseeker

  • Valued Member
  • Posts: 42
Re: JDB not registered in my state - AZ
« Reply #5 on: December 21, 2011 10:40:11 PM »
I just received another letter from the CA.  They sent some copies of the last statements of an Advanta business card.  I forgot that I had a business card.

So, this is commercial debt.  The arb. agreement specifically states NAF and has no contingency for another arb. agency.

Since its commercial debt, what changes in game plan for me?  I still elect arb, as per the cardholder agreement.  And its over 4 years old.

 I was living in LA until 2010 and didn't become a resident of my current state, AZ, until 2011.  So, according to LA statues, its outside the SOL.  Furthermore, AZ has borrowing statues, which I understand to mean if the debt was outside of SOL in the state that I resided in prior to moving to AZ then it remains outside of the SOL.

Does that sound correct to anyone familiar with either AZ statues?

CleaningUp

  • Valued Member
  • Posts: 10768
Re: JDB not registered in my state - AZ
« Reply #6 on: December 21, 2011 11:32:29 PM »
NAF is alive and well and still taking commercial arbitration cases.

Whole different set of rules to the game.

tribeseeker

  • Valued Member
  • Posts: 42
Re: JDB not registered in my state - AZ
« Reply #7 on: December 22, 2011 01:40:27 AM »
Thanks for the heads-up, CleanUp.   Any idea where I can get a handle on the change in game plans? 

The corporation that the card was issued to was dissolved 2 years ago.  And, some of the charges on the card were not business related.

Plus, the SOL of 3 years for open contracts in Louisiana expired prior to my moving to AZ.  That would still be relevant in arbitration, wouldn't it?  Not to mention the fact that the CA is not licensed in to collect in AZ.

Fighting Irish

  • Valued Member
  • Posts: 1988
Re: JDB not registered in my state - AZ
« Reply #8 on: December 22, 2011 01:43:55 AM »
If it's beyond SOL, it doesn't matter if it's a personal or a business card.

Unless LA has different SOLs for business debt.

What matters is that they can't legally sue you.

You don't need to send them a DV. You can send them a FOAD, and dare them to sue you.
Dang it, Jim! I'm a nurse, not an attorney!

(The rest of you, keep that in mind, too.)

tribeseeker

  • Valued Member
  • Posts: 42
Re: JDB not registered in my state - AZ
« Reply #9 on: December 22, 2011 06:49:50 AM »
I just noticed that the choice of law in the contract is Utah and the SOL for that state is 4 years.  So, clearly, I'm out of the SOL on that count too, correct?