[rastoma]

If a CA doesn't have a RA listed in my state and they are required to have one, has any violation occurred by reporting a collection account on my CR?

They do have a license but I do not know if they have posted the required bond and have throughly checked for a RA for which I can't find one.

[Enigma]

Even if it is a violation, it would be hyper-technical in nature. Not something I would even remotely consider filing on.

[rastoma]

Well besides being an actual violation, is it a point that I can use to at least get them to remove the entry? Can they still legally attempt to collect without a RA?

[Enigma]

Originally Posted by rastoma

Well besides being an actual violation, is it a point that I can use to at least get them to remove the entry? Can they still legally attempt to collect without a RA?

You will need to review your states laws governing collection agencies. I would try calling the department at the state level that concerns collection agencies.

Most states allow the RA to be the same as the business itself. It may not need a third party RA.

In answer to your question, if I were running a CA and I got such a letter, I'd frame it, that is after I sent the file to the attorney for prosecution.

In other words, in my opinion, yes they can collect. BUT, I do not what state you are in so I cannot give you an answer.

[rastoma]

Sorry, should have mentioned.. state is TN. the CA is not located in TN so it's my understanding they have to have a RA in TN to represent them. I've tried calling the Department of Commerce and Insurance in TN to ask but no one ever answers, just get an answering machine


So why does every dispute sample letter out there say to ask if they are licensed and what is their RA? Just in case their state requires it? Has anyone ever caught a CA not being licensed in their state?

[Hedwig]

Try the Secretary of State. That's who usually controls corporate registrations, and that is probably where a registered agent would be listed.

[rastoma]

ok.. great.. thank you!

[centex]

There are often provisions that allow for either an in-state RA or the regulations on process of service will specifically outline the use of the Secretary of State to effect service...

Without knowing the company or what Tennessee law specifically provides for, it is difficult to say whether the SoS is going to be of any assistance...