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I have a collection agency (so-called law firm) trying to collect

 
Dimitry Esquire's Avatar
  • Answered by:Dimitry Esquire
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I have a collection agency (so-called law firm) trying to collect on an old debt from a Wells Fargo credit card which was stolen and fraudulent charges were made. I contacted Wells Fargo immediately after I noticed the card missing and a fraud investigation was opened. I asked them to just completely close the account as I didn't want it anymore. Apparently Wells Fargo never charged the card off properly and it's not only been carrying the fraudulent balance, but collecting interest and late payment fees. I never received a statement from Wells Fargo during the last three years, not have they contacted me in anyway. Now, over three years after the fraudulent charges I have this law firm contacting me to settle the debt. I told them the charges were fraudulent and he didn't care and said it was not his problem, and I'd have to pay the charges. This background isn't completely necessary to my questions, but I give it to you for your reference.

I sent the law firm requesting debt validation. I also know that there are some clear violations of the FDCPA by this particular collector. This law firm is actually collecting for another company. It's listed on my credit report as CACH, LLC. When I call the number provided on the report I actually get a different company (I'm assuming they've changed names) called Square Two Financial. Here are my two main questions: 1) This "law firm" has threatened to take legal action bar they are not registered the the bar in my state so they cannot bring any legal action. If CACH was truly considering a lawsuit to recover this alleged debt (which is only $2,000) why wouldn't they find a different law firm legally can bring a lawsuit. If this law firm that is trying isn't registered in my state have the violated the FDCPA by threatening legal action, when they can't bring any legal action against me themselves? 2) Collection agencies are required in my state to be registered with the Division of Corporations and Commercial Code and post a bond. This law firm is (or should say was) registered with my state, but their license expired on 6/12/2012 citing failure to file renewal. Does this mean they have violated this state law? At the same time, Square Two is currently registered and has an active license. So since they're collecting on behalf of them can them use this in their defense? But on my credit report it doesn't state Square Two and on the initial letter the law firm sent it says the owner of the account is "CACH LLC" it doesn't say anything about Square Two. I have checked and there are no collection agencies with anything close to CACH registered.

I highly doubt they will actually will do anything, but just want as much ammo as I can get against this law firm; just in case. If they respond to the debt validation I will dispute it as I know they can't prove I made the fraudulent charges I didn't. I also want to be able to cite all of the violations this law firm or collection agency has violated and threaten to pursue them in court for those violations. Thanks!

Submitted: 353 days and 3 hours ago.
Category: Legal
Value: $59
Status: CLOSED
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Expert:  Dimitry Esquire replied353 days and 2 hours ago.

Thank you for your question. I will do my best to assist you with your concerns. If you would like me to clarify my answer, I will be happy to do so.

As you have two direct questions, please permit me to respond to each directly:


1) This "law firm" has threatened to take legal action bar they are not registered the the bar in my state so they cannot bring any legal action. If CACH was truly considering a lawsuit to recover this alleged debt (which is only $2,000) why wouldn't they find a different law firm legally can bring a lawsuit. If this law firm that is trying isn't registered in my state have the violated the FDCPA by threatening legal action, when they can't bring any legal action against me themselves?
There is no violation, at least no direct violation, of a third party agent (and a law firm is an agent) that may not be barred in your state from claiming that pursuit can take place. They can always retain counsel to represent their interests, or they can file in court vai 'pro hac vice' and request that the local courts permit them to represent in this case per the temporary order. The latter is highly unlikely as the petition is very expensive, but otherwise sending a message about possible breach of contract and collections can still be permitted.

2) Collection agencies are required in my state to be registered with the Division of Corporations and Commercial Code and post a bond. This law firm is (or should say was) registered with my state, but their license expired on 6/12/2012 citing failure to file renewal. Does this mean they have violated this state law?
Yes, it does, if they attempt to collect once and if they are no longer bonded. If they renew their bond, you can demand that they re-serve you from the date when they are re-bonded becaus otherwise they would not be able to pursue this debt against you.

At the same time, Square Two is currently registered and has an active license. So since they're collecting on behalf of them can them use this in their defense?
Yes, they can, but they would have to expressly note that they are working under their license and on their behalf. It is still no defense because if they are acting in their own capacity, they have to have their own license.

But on my credit report it doesn't state Square Two and on the initial letter the law firm sent it says the owner of the account is "CACH LLC" it doesn't say anything about Square Two. I have checked and there are no collection agencies with anything close to CACH registered.
In that case should they file, bring that to court and point out that if they cannot prove and show that they are bonded OR that they are the same business entity, they have no right or grounds to collect. Frankly I am surprised that they are pursuing this if they cannot prove or show that they are the proper holder of the debt.


Kindly remember to only rate my answer when you are fully satisfied. If you feel the need to rate "Helped a little" or "I expected more”, please stop and reply to me via the CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I was able to explain your concern to your satisfaction.


Please be aware that if you give any rating below 3 stars then I will not be compensated in any way for helping you today. Good luck to you!

Dimitry Esquire41091.8774869213

Customer replied353 days and 1 hours ago.

Thank you for all your detailed information; it was very insightful and confirmed most of what I had already been led to believe on my own. I am also surprised they are going to the lengths they are to collect on this debt. I did originally speak with one of their employees on the phone and he did use definite tactics to intimidate me and make me want to pay the debt. After our conversation I starting looking into things more and researched the FDCPA in greater detail.


Now in regards XXXXX XXXXX not being currently licensed; their license just expired almost three weeks ago (June 12). Their initial contact with me was prior to this date, but they did send a letter after I sent them a validation request. This letter was dated June 15, 2012 and I received it around June 20 or 21. In any regard this is obviously after the license expired, but only by a few days.


1) Is there any type of legal justification they can use as to the delay of renewing their license to allow that contact with me?


2) Since their first contact with me was prior to the expiration of their license does that change anything?


3) Finally, would it be wise for me to inform them I am aware of this infraction in an attempt to get them to back off? I'm obviously going to wait and see what they supply in regards XXXXX XXXXX validation. Like I said the card was stolen and charges weren't authorized nor made by me. So while they might be able to obtain a few credit card statements I don't feel like that would reasonably justify that I owe the debt. I'm thinking they will need to produce credit card signatures or receipts from the fraudulent charges with my signatures or video surveillance of me using the card. Neither of which they could provide since I obviously didn't make the card. If they come back with their "validation" should I write another letter discrediting it, discrediting that they are authorized to collect on behalf of CACH, that they are not (or were not) licensed at least one point during their communication with me? Or should I leave those details out and provide them in court if they do try to pursue legal action (which once again I highly doubt since the debt is so small)?

Accepted Answer

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Expert:  Dimitry Esquire replied353 days ago.

Thank you for your follow-up. I appreciate your feedback and I am happy that the research matched in this instance. Please permit me to answer your secondary concerns.

1) Is there any type of legal justification they can use as to the delay of renewing their license to allow that contact with me?
Sure, they can point out that the contact with you was still within when they were licensed, specifically if the letter was dated prior to loss of bond. You may want to see if you can find the initial envelope and see if it was mailed before or after the date they lost their bond because if they sent it afterward, such communication would not be permitted.


2) Since their first contact with me was prior to the expiration of their license does that change anything?
It simply permits them to start the communication, but until they re-obtain their bond, they would not be able to act upon this if you choose to refuse to respond.


3) Finally, would it be wise for me to inform them I am aware of this infraction in an attempt to get them to back off? I'm obviously going to wait and see what they supply in regards XXXXX XXXXX validation. Like I said the card was stolen and charges weren't authorized nor made by me. So while they might be able to obtain a few credit card statements I don't feel like that would reasonably justify that I owe the debt. I'm thinking they will need to produce credit card signatures or receipts from the fraudulent charges with my signatures or video surveillance of me using the card. Neither of which they could provide since I obviously didn't make the card. If they come back with their "validation" should I write another letter discrediting it, discrediting that they are authorized to collect on behalf of CACH, that they are not (or were not) licensed at least one point during their communication with me? Or should I leave those details out and provide them in court if they do try to pursue legal action (which once again I highly doubt since the debt is so small)?
I do not see why it would be in your best interest to inform them. If they are not permitted to pursue you, and they choose to do so, you can counter-sue for punitive damages, so in some ways it is in your best interest to allow them to proverbially hang themselves in this instance.

Good luck.
Dimitry Esquire41091.9591481829

Expert TypeAttorney
Category: Legal
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Answered: 7/1/2012

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