What state should the CA be licensed in? How do I find out where they are licensed?

Question

I have disputed a utility account for a measly $106 that is not mine. The thing is that it is in a bordering state that I have never lived in. I proved I did not live there and sent police report that was filed for ID theft, but they still won't remove it. This was done last year and I thought it was done until I got my new report. I called them and they still said i was responsible. I know it is not much but ITS NOT MINE and I am Not paying it!
I didn't know about DV until recently when I came on here. That is my next step so any suggestions are appreciated.
Oh, and does the CA have to be licensed in my state or the other state?

Thanks Summerly. I did contact the OC and they are saying it's mine, but the CA is the only one reporting it so i thought I'd go that route. What do you think?

Answer 1

CivPro....you are so terribly wrong with this answer I've lost all respect for you. Your a lawyer?

For starters, there is a very good reason why the
FDCA was written...to protect the consumer from just that line of nonsense!

"Dear Mr. CivPro: You owe me $100. If you do not pay me, I will post this to your credit report and ruin your credit. Now, isn't it worth $100 to you to make this whole thing disappear? It's not that much money. "

Now doesn't that sound stupid to you?

Now try this:

"Dear Mr. Collection agent. I have requested that you supply me with proof this is my debt, and you fail to respond. On top of that, you still insist this is my debt, and you are now destroying my credit, causing me financial harm! Therefore, enclosed is a lawsuit for $1000, plus court costs and damages that you have caused me".

Doesn't that sound much better? Why, as a lawyer, would you not recommend this? Why, as a lawyer, would you offer the nonsense about posting a 100 word comment on the credit report, when you know it will do absolutely no good!

April, I can help you! But first you need to understand how the game works.

I have heard your story over and over. I've been in court many times and seen cases like this tossed out because the debtor failed to follow the procedure. If you had done this right, you could easily file a lawsuit and win $1000 hands down!

Below are a few links that you need to look over. The first give you a step-by-step flowchart of exactly what you must do. You messed up because you failed to send a letter to the credit bureau disputing this, and you probably didn't send any letters by certified mail. Without that proof, the Collection Agent will certainly act dumb and say they never received it.

Link 2 has a sample template of my favorite "demand to validate" letter. You must send this, along with a NOTORIZED copy of an affidavit stating that this is not your debt, plus a copy of the police report.

If you are still confused, email me and I will guide you on what to do. If you are nervous about fighting these guys, see if there is REAL lawyer in your area that specialized in FDCA cases. There is a growing number of them who take on these cases on a contingency basis.

As for collection agent licensing, check out http://whychat.5u.com/ for the laws. Every state has different laws on this. Many states allow out-of-state agencies to collect debts. You need to research it a bit. But in your case I wouldn't mess with this part yet...just follow the links below.

Answer 2

My guess is that your concern is that it is still showing up on your credit report.

I did not see in your question where you challenged it on your credit report. My suggestion would be to challenge it on any credit report is showing up on and attach a copy of the police report and affidavit to your dispute.

If they still say it is accurate, then attach a comment to that trade line that says (in under a 100 words) what you said above.

Whether or not the collection agency has to be licensed in your state depends on what state you live in. Here in Missouri that is something that is expressly excluded as doing business in the state (unless you actually have an office in Missouri), but out of state agencies can come into Missouri to collect a debt or to bring a lawsuit without being registered here. I think it is exactly the opposite for such states as Nevada or Connecticut.

The other thing to think about is: Is a $106 debt something worth doing all this work to avoid? Perhaps it would be cheaper and more efficient to simply pay it or settle. As you have a bona fide dispute, you can go through the accord and satisfaction route and as part of a restrictively endorsed check require they remove completely that trade line. But I guess I can understand standing up for principles.

Good luck.

Answer 3

I had this happen to me. Someone stole a check of mine and wrote a check to a pizza hut in another county and city. Unforunately it takes a while but you need to keep fighting it. I faxed them another copy of the police report. It took me three years to clear my name but now it is off.
Collections agencies do not follow rules. You need to contact that utility that was charging that amount first.