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Can LVNV Funding Sue in Arizona?

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  • 09-03-2007, 05:07 PM
    not in arizona
    Can LVNV Funding Sue in Arizona?
    If LVNV Funding is considered as a "Debt Collector" under the FDCPA, but are not a licensed debt collector in the state of Arizona, can they sue for summary judgement in the state of Arizona, and if not, can their "Limited partner" Resurgent Capital Services, LP; whom they outsource consumer collection services to, do so?

    Not in Arizona
  • 09-03-2007, 09:09 PM
    not in arizona
    can lvnv Funding sue in arizona?
    If LVNV Funding is considered as a "Debt Collector" under the FDCPA, but are not a licensed debt collector in the state of Arizona, can they sue for summary judgement in the state of Arizona, and if not, can their "Limited partner" Resurgent Capital Services, LP; whom they outsource consumer collection services to, do so?

    if a request for debt validation is sent to LVNV funding, do they have to stop all collection activites ( including outsourcing) until they validate that debt?

    Not in Arizona
  • 09-03-2007, 09:48 PM
    Mr. Knowitall
    Re: can lvnv Funding sue in arizona?
    If the out-of-state collector uses a local agent to do its work in the state, due to a lack of licensing, then (a) they aren't operating in the state, their agent is; and (b) if you want to dispute the debt after you are contacted by their local agent, you would presumably place the dispute with the agent.
  • 09-05-2007, 08:07 PM
    not in arizona
    Re: can lvnv Funding sue in arizona?
    I've already sent their agent the the request for validation letter, and disputed their reply which wasn't in accordance with arizona law -or FDCPA, and was asking about whether they had legal status to sue - LVNV owns the debt, but isn't licensed in AZ; therefore they can't sue? Resurgent is, but since they don't own the debt, they can't sue, or can they sue on thier clients behalf ? sorry I wasn't concise.
  • 09-05-2007, 08:13 PM
    aaron
    Re: can lvnv Funding sue in arizona?
    A collection agency can collect on behalf of the creditor without "owning" the debt.
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