If a collection agency purchaseda debit/account from the original creditor but wasn’t licensed to operate in the state, what are my rights?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a collection agency purchaseda debit/account from the original creditor but wasn’t licensed to operate in the state, what are my rights?
Asked on December 27, 2011 under Bankruptcy Law, Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In many states unless an entity is licensed to do business in the state where the lawsuit is being filed or might be filed (via the secretary of state of the particular state) the entity as a matter of statute may be precluded from being able to file such a lawsuit.
This is the law in California. Possibly it might be the law in the state that you reside in where the out of state entity may bring a legal action against you. I suggest that you do a bit or research on line about this issue. Better yet, you might want to consult with an attorney who practices in the area of debt collection and defense.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.