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
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
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.
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.
Re: can lvnv Funding sue in arizona?
A collection agency can collect on behalf of the creditor without "owning" the debt.