unlicensed collection agency

[wert]

What is the name of your state? Florida
I have been served papers by a lawyer representing a collection agency out of state. In doing some research, I have found that the credit card debt is beyond the statute of limitations and also that the collection agency is not registered/licensed in my state.
We are scheduled to sit before an arbitrator next month by the court.
I have sent a debt validation letter to the collection agency, but my question is this is clearly a violation of the consumer act. Won't this be thown out of court as soon as we meet and I show them?

 

[Ladynred]

If the SOL has expired, then you have an absolute defense against this scum CA. THAT is your key, not the fact that the CA isn't licensed in your state. The expired SOL will certainly get the thing dismissed, I don't know about the unlicensed status of the CA. Use the SOL for your defense and save the unlicensed tidbit for a counter suit if you're of a mind to do so.

 

[kevinss]

They want you to work this out with an arbitrator because they know it's past the SOL. Bring all the paperwork you can with you and don't back down. Don't make promises.

 

[wert]

I wondered why they would call an arbitrator!!

That makes sense. No, I won't back down. I have them. Think I can settle for a complete deletion for their mistake and not have this on my credit report??

 

[Ladynred]

Not even the NAF can circumvent the laws - the arbitrator HAS to obey the laws and cannot grant an award on a time-barred debt !

Take a copy of the FL statute that defines the SOL just in case the Arbitrator is clueless.

Absolutely go for the deletion, if they won't agree, counter-sue.

 

[wert]

Isn't the fact that the state says they are not licensed also important??

I would think I have a double whammy.

 

[Ladynred]

Yes, but I don't think you can use that as your affirmative defense, which is what you have to use to make this work. You may, however, have an extra nail for their coffin

 

[kevinss]

They probably want to get you in front of an arbitrator on the off chance you don't know about the SOL, the arbitrator won't say anything about it, and you will be placed in an environment which is unfamiliar and intimidating and commit to a settlement in front of them.
You have the knowledge you need not to get taken advantage of. Good luck!