[PDXBLAZERFAN]

1) Collection agencies have to register with the state where they intend to collect debt and conduct business.

2) State statute exempts for attorneys.

3) A "law office" (Paul Law Office - Tracy Paul) is registered in their home state as a "DBA" and "collection agency".

4) Same "law office" isn't registered in my state as a corporation or collection agency.

5) Same "law office" has several federal suits pending against them. One complaint is "false threat of litigation".

6) "Law office" buys debt beyond SOL and calls relentlessly to threaten litigation when none can be brought.

7) "Law office's" home state said companies are required under federal law to register as a collection agency? Is this true?

8) My home state says this "law office" is exempt by statute.

9) How can I prove this "law office" is a collection agency?

Thank You
Go Blazers

[jlynn]

Originally Posted by PDXBLAZERFAN

1)
7) "Law office's" home state said companies are required under federal law to register as a collection agency? Is this true?

No.

[PDXBLAZERFAN]

Paul Law Office started collecting on a debt 5 1/2 years into SOL.

Revolving Debt was governed by state of Deleware where SOL is 3 or 4 years.

Mistaken assumption by Paul Law Offices that Oregon SOL of 6 years applies.

If above is correct, does "false threat of litigation" apply?

Entities like Paul Law Office PLLO buy debt outside SOL and collect. How can I convince my state officials Paul Law Office needs to register as a Collection Agency?

[Enigma]

There is no such federal requirement that CA register.

In my state, the statute specifically states that "FL BAR" members in good standing are exempt from registration. If a law firm or lawyer licensed outside the state of FL, they must register.

How does OR word the statute?

[PDXBLAZERFAN]

697.005 Definitions for ORS 697.005 to 697.095

(b) “Collection agency” does not include:
(D) Any attorney-at-law rendering services in the performance of the duties of an attorney-at-law;

[hannah]

Originally Posted by PDXBLAZERFAN

697.005 Definitions for ORS 697.005 to 697.095

(b) “Collection agency” does not include:
(D) Any attorney-at-law rendering services in the performance of the duties of an attorney-at-law;

If the attorney in question is not licensed by the Oregon bar, this is unlicensed practice of law in Oregon and you can file a bar complaint. PM me the name of the individual lawyer and I will check it for you. In addition, if he's not a licensed attorney in Oregon, he cannot hide behind the statute exempting him from registering as a debt collector.

[PDXBLAZERFAN]

BELOW IS LETTER TO OREGON STATE BAR - UNLAWFUL PRACTICE OF LAW COMMITTEE


OSB General Counsel Administrative Assistant
5200 SW Meadows Road
Lake Oswego, OR 97035

January 13, 2008

RE: Paul Law Offices PLLC
of Salt Lake City, UT

UPL Committee:

Paul Law Offices (PLO) portrays itself as being hired by the Creditor to sue and litigation is imminent. It is my understanding they buy debt and begin collecting.

From April to December 2006, PLO tried to collect on an invalid debt. On July 13, 2006, I faxed documentation provided by Citibank absolving me from this debt. Collection activity continued with the false threat of litigation through phone calls which were disturbing, embarrassing and ultimately, harassed me.

The Division of Finance and Corporate Securities suggested searching Utah Bar directory for Paul Law Offices in reference to ORS 697.005 (1) (b) (D). There is a Ms. Tracy Paul with the firm Paul Law Office PLLC.

In this case, it is possible PLO does not meet the 697.005 (1) (b) (D) exemption. Ms. Tracy Paul is not a member of the Oregon State Bar and cannot render “services in performance of the duties of an attorney-at-law” as stated in the law.

In Utah, the statute has the same exemption yet, PLO is registered as a collection agency. Is this an acknowledgement that exemption does not apply?

In addition, PLO violates the Oregon State Bar guidelines of commonly occurring activities that generally are not considered the practice of law. The guideline exempts “out-of-state lawyers or collection agencies who send demand letters into Oregon, without more”; yet PLO telephoned my residence and gave a false threat of litigation in order to get money.

It is important to prevent debt collection entities from using the “attorney exemption” to circumvent regulation.

Your consideration of this issue is appreciated.

[PDXBLAZERFAN]

FROM OREGON STATE BAR WEBSITE - UNLAWFUL PRACTICE OF LAW

Although it depends on the specific facts of each situation, some of the commonly occurring activities that generally are not considered the practice of law in Oregon include:

out-of-state lawyers or collection agencies who send demand letters into Oregon, without more;

[PDXBLAZERFAN]

pdf FILE IS OREGON STATE BAR REPLY

[PDXBLAZERFAN]

Filed Complaint with State of Oregon. Oregon said Paul Law Office is attorney exempt.

I think Oregon is choosing not to enforce its own statute. It is my intent to provide documentation to show collection agency registration should be required.

Found an Agreement and Order dated 6/28/04 from state of Idaho for unlicensed collection activity. Wrote them for more info to give to Oregon officials.

[hannah]

Originally Posted by PDXBLAZERFAN

Filed Complaint with State of Oregon. Oregon said Paul Law Office is attorney exempt.

I think Oregon is choosing not to enforce its own statute. It is my intent to provide documentation to show collection agency registration should be required.

Found an Agreement and Order dated 6/28/04 from state of Idaho for unlicensed collection activity. Wrote them for more info to give to Oregon officials.

Just read the Bar's reply to you. This is not the way they do things in WV. For example, Riddle and Associates were collecting in WV. They had no attorneys licensed by the WV State Bar and were also not licensed and bonded as a collection agency. They were sued by the WV AG. See attached press release.

Have you sent a complaint to the Oregon Attorney General yet?

I agree with the Oregon's Bar assessment that Paul Law has not yet committed UPL if all they have done is call and dun you. They have, however, been attempting to collect debt without a license. They are either exempt as attorneys or exempt as collectors because they are attorneys but not both. I believe a court would see it that way anyway.

[PDXBLAZERFAN]

How do I research if they have an Oregon attorney on staff?

Call and ask?

Go to Courthouse and look up cases?

[PDXBLAZERFAN]

Paul Law Offices has pending action in several federal courts.

What can I learn from these? Success rate? Template for my complaint?

[hannah]

Originally Posted by PDXBLAZERFAN

How do I research if they have an Oregon attorney on staff?

Call and ask?

Go to Courthouse and look up cases?

Find out all the names of all attorneys in their offices. Then go here and look them up.

[hannah]

Originally Posted by PDXBLAZERFAN

Paul Law Offices has pending action in several federal courts.

What can I learn from these? Success rate? Template for my complaint?

I've told you before that if you sue in federal, it will not matter whether or not they are attorneys or not, the FDCPA considers them debt collectors.

[PDXBLAZERFAN]

Originally Posted by hannah

I've told you before that if you sue in federal, it will not matter whether or not they are attorneys or not, the FDCPA considers them debt collectors.

Goal #1: Require Paul Law Offices to register with Oregon as a collection agency for public economic safety.

Goal #2: Seek restitution for various violations to FDCPA, FCRA and possible Oregon statutes.

[hannah]

Originally Posted by PDXBLAZERFAN

Goal #1: Require Paul Law Offices to register with Oregon as a collection agency for public economic safety.

Goal #2: Seek restitution for various violations to FDCPA, FCRA and possible Oregon statutes.

Then I would file complaint with Oregon AG and then file suit in federal court.

[PDXBLAZERFAN]

please find attached "Agreement and Order" with state of Idaho for violations.