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If you have any problems with the registration process or your account login, please contact us. | Advanced Credit Repair - Dealing with Collection Agencies Discuss mr hanna and his associates in the CREDIT AND LEGAL ISSUES forums; so i get a letter from hanna, regarding his client, bofa, signed by dennis henry
and another letter same date, signed by dennis henry..different signatures though stating they represent bofa ...
04-20-2008, 11:22 AM
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#1 | | Elite Member
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| mr hanna and his associates so i get a letter from hanna, regarding his client, bofa, signed by dennis henry
and another letter same date, signed by dennis henry..different signatures though stating they represent bofa but noones reviewed my file yet so please pay my alleged debt
30 days later, get another letter from henry,different signature then the previous 2 letters so no siggys match...stating that i have 10 days to pay them or they are recommending litigation against me..
they are not licensed and bonded to collect in nc and on their letterhead they do not have any nc permit info....
nc general statute 58-70-15(c)(8) provides an exemption for attorneys handling claims and collections in their own name and not operating a collection agency under the management of a layman...
does this section mean that they can only collect without a permit on debts that are owed to hanna or does this mean since they are using their law office name they dont need a permit? |
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04-20-2008, 11:37 AM
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#2 | | HONORED GUEST
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| Quote:
Originally Posted by cracrap so i get a letter from hanna, regarding his client, bofa, signed by dennis henry
and another letter same date, signed by dennis henry..different signatures though stating they represent bofa but noones reviewed my file yet so please pay my alleged debt
30 days later, get another letter from henry,different signature then the previous 2 letters so no siggys match...stating that i have 10 days to pay them or they are recommending litigation against me..
they are not licensed and bonded to collect in nc and on their letterhead they do not have any nc permit info....
nc general statute 58-70-15(c)(8) provides an exemption for attorneys handling claims and collections in their own name and not operating a collection agency under the management of a layman...
does this section mean that they can only collect without a permit on debts that are owed to hanna or does this mean since they are using their law office name they dont need a permit? | That section you quoted refers to NC bar licensed attorneys does it not? Is Henry a NC bar licensed attorney? If not, then that section does not apply to him. And a theory being worked out now that perhaps might fly is that even if individual attorneys are exempt, are law firms as they are not licensed by the bar? Is the law firm doing over half their business in collections? The law firm itself might constitute a collection agency. Several states are looking into this now.
__________________ Please be advised that I am not an attorney and nothing I post on this forum should be construed as legal advice. Let's Go Mountaineers!! Let's Go Drink Some Beers!! |
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04-20-2008, 11:49 AM
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#3 | | Elite Member
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| thats where i was going with it...no, frederick hanna and his associates are not licensed in nc,but they can hire someone to represent their interest in representing the interest of bofa ..or can they?
im more than willin to test this theory in court for violating the nc debtor statutes |
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04-20-2008, 12:34 PM
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#4 | | HONORED GUEST
Join Date: Jun 2006 Location: West-By-God-Virginia
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| Quote:
Originally Posted by cracrap thats where i was going with it...no, frederick hanna and his associates are not licensed in nc,but they can hire someone to represent their interest in representing the interest of bofa ..or can they?
im more than willin to test this theory in court for violating the nc debtor statutes | Go for it. All you would be out is legal fees, a bit of your time, and perhaps their legal fees if you lose. If you've got the time and money, it may well be worth it for the issue to be litigated.
__________________ Please be advised that I am not an attorney and nothing I post on this forum should be construed as legal advice. Let's Go Mountaineers!! Let's Go Drink Some Beers!! |
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