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IN TEXAS does a debt collecting company have to be licensed…

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IN TEXAS does a...

IN TEXAS does a debt collecting company have to be licensed in texas to collect debt. They have their surety bond filed with the secretary of state, but they are no longer registered to do business in the state of texas.

Lawyer's Assistant: What state are you in? And have you consulted a local attorney?

Texas and no

Lawyer's Assistant: Has anything been officially filed? If so, what?

It's not for me... i'm asking to see if this company can collect debt legally

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The company has issue a judgement against me

Submitted: 1 month ago.Category: Legal
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3/22/2018
Lawyer: legalgems, Lawyer replied 1 month ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 1 month ago

This is governed by the finance code;

relevant definitions:

(6) "Debt collector" means a person who directly or indirectly engages in debt collection and includes a person who sells or offers to sell forms represented to be a collection system, device, or scheme intended to be used to collect consumer debts.

(7) "Third-party debt collector" means a debt collector, as defined by 15 U.S.C. Section 1692a(6), but does not include an attorney collecting a debt as an attorney on behalf of and in the name of a client unless the attorney has nonattorney employees who:

(A) are regularly engaged to solicit debts for collection; or

There is a requirement for a bond:

Sec. 392.101. BOND REQUIREMENT. (a) A third-party debt collector or credit bureau may not engage in debt collection unless the third-party debt collector or credit bureau has obtained a surety bond issued by a surety company authorized to do business in this state as prescribed by this section. A copy of the bond must be filed with the secretary of state.

(b) The bond must be in favor of:

(1) any person who is damaged by a violation of this chapter; and

(2) this state for the benefit of any person who is damaged by a violation of this chapter.

(c) The bond must be in the amount of $10,000.

That information is here:

http://www.statutes.legis.state.tx.us/Docs/FI/htm/FI.392.htm

They are not required to register with the SOS but must have a bond on file:

https://www.sos.state.tx.us/statdoc/faqs2900.shtml

Complaints and a list of prohibited practices are here:

https://www.texasattorneygeneral.gov/cpd/debt-collection

So per the statute filing a bond allows them to engage in the practice of debt collection within the state.

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Lawyer: legalgems, Lawyer replied 1 month ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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