Hi, I have a quick question that I haven’t found a direct answer to from searching.
Ive encountered 2 collection agencies on my reports that are not licensed to collect debt in my state of residence (New Mexico).
Both of these instances were debts that were incurred in New Mexico as well.
Its “The Best Service Company” and “Credit Collection Service /CCS” in case that matters.
The have both mailed me some collections things, in addition to reporting it with the bureaus.
As I understand it, my state (New Mexico) does require a debt collector to be licensed here to collect debt here.
Each of these debts are for small amounts (under $200), so I'm not especially worried about "kicking a hornets nest".
Both of these companies' websites say that they provide "nationwide coverage" for all 50 states, but I couldnt find them listed on my state's facility license lookup page. I tried the full and abbreviated versions of the business names.
What would be the best way for me to go about demanding proof of their licensing here? I was thinking of sending an email or USPS letter basically saying "Please provide me with proof of your license to collect a debt in the state of New Mexico", if there's anything more that would be better, I'm certainly open to feedback. Image may be NSFW.
Clik here to view.
If they are confirmed not be be licensed, would it be a possible FDCPA violation?
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In case it's needed, here's the the statute in my state regarding debt collection:
New Mexico Fair Debt Collection Practices Act 61-18A-5. Unlawful to conduct collection agency or engage in the business of a repossessor without license.
A. No person shall conduct within this state a collection agency, act as a collection agency manager or engage within the state in the business of collecting claims for others or of soliciting the right to collect or receive payment from another of any claim or advertise or solicit either in print, by letter, in person or otherwise, the right to collect or receive payment for another of any claim or seek to make collection or obtain payment of any claim on behalf of another without having first applied for and obtained the licenses required by the Collection Agency Regulatory Act [ 61-18A-1 NMSA 1978].
B. No person shall conduct within this state the business of a repossessor without having first applied for and obtained a repossessor’s license.
C. No person shall be considered to be engaged in collection activity within this state if that person’s activities regarding this state are limited to collecting debts not incurred in New Mexico from debtors located in this state by means of interstate communications, including telephone, mail or facsimile transmission, from the person’s location in another state.