If a collection agency purchaseda debit/account from the original creditor but wasn’t licensed to operate in the state, what are my rights?

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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 10 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.


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