Florida: Are your collectors bonded and registered?

http://www.flofr.com/licensing/Rules...ule69V-180.htm

69V-180.010 Commercial Collection Surety Bond and Procedures.
(1) Any person acting as a commercial collection agency must obtain and maintain a surety bond in the amount of $50,000 issued by a surety company admitted to do business in this state. To comply with this rule the commercial collection agency shall utilize form OFR-CCA-001, State of Florida Commercial Collection Agency Surety Bond, effective 11-3-93, which is hereby incorporated by reference and available from the Office of Financial Regulation, 200 East Gaines Street, Tallahassee, Florida 32399-0375. The terms of the surety bond shall be complied with. The surety bond shall be duly executed by the principal and the surety and shall not contain any blank spaces.
(2)(a) In the event that the surety has received claims within a six (6) month period, whether or not reduced to judgment, which exceed the amount due by the surety on the bond, the surety may pay the amount due on the bond to the Office of Financial Regulation and shall not be further liable on the bond. At the time payment is made by the surety to the Office of Financial Regulation, the surety shall provide the Office of Financial Regulation with copies of all claims made on the bond. Only valid claims made against the bond within six (6) months after the date of receipt of the first claim against the bond shall be paid. Subsequent to the expiration of the six-month period, the Office of Financial Regulation shall notice its intent to approve or deny the claims on file with the Office of Financial Regulation. The entry of a valid final judgment against the commercial collection agency or the surety shall be conclusive evidence of a valid claim. In the event that the claimant has not reduced the claim to judgment, the claimant may provide evidence to the Office of Financial Regulation pursuant to Section 120.57, Florida Statutes. Should the amount of valid claims exceed the amount on deposit with the Office of Financial Regulation, payment shall be based on the ratio that the person's claim bears to the total claims filed.
(b)1. As used herein, “claim” means a written demand for payment whether by letter or legal process.
2. As used herein, “valid final judgment” means a judgment from a court of competent jurisdiction where no appeal is pending and which is not subject to collateral attack.
Specific Authority 17.29 FS. Law Implemented 559.542, 559.544, 559.545, 559.546 FS. History–New 11-3-93, Formerly 3D-180.010.

http://www.flofr.com/licensing/licensing-h.htm

The above will allow you to access a search engine that will verify whether or not a Commercial Collection company is registered with the state of Florida and whether or not the bond is sufficient to cover the collection procedure.

Jerry

[jaylon]

So if one was to execute and exhuast an administrative process, a true bill could represent a valid claim against the bond of the CCA without court? Could this be interpreted that way?

Originally Posted by jaylon

So if one was to execute and exhuast an administrative process, a true bill could represent a valid claim against the bond of the CCA without court? Could this be interpreted that way?

The following was retrieved from the internet. I captured it using Limewire and searching out various documents. The contributor, by placing it within the 'shared' folder of his computer thus placing it in the reach of those using Limewire, has consented to share the information with others who are also using Limewire.

I was curious about it and did further research within the state offices of florida and found the same to be true here in this state.

It would appear that, if an un-bonded person executed a legal process based upon his/her claim to be attempting to collect a debt, would be placing him/her/self in a position of liability. If the county allowed such process to be executed, then it would also appear that the county would be liable for any damages. Of course, I am speaking of someone who is pretending to be a commercial debt collector. Without the bond, that is all that is happening; a game of make believe.

The following was specifically referencing Texas code... but it is also applicable under the florida code.

"The bond is to be construed in favor of any person damaged by any violation of Sec. 392.001 of the Finance Code. I’ll bet these law firms that are stealing people’s property don’t have a bond. I’ll bet that they have damaged a lot of people.

Certificates of fact as to whether or not they have a bond may be obtained from the statutory documents section of the Sec. of State’s office.

If you are interested in this, you need to check out Texas Finance Code Sec. 392.001 et seq. and Title 15 USC 1692a(6) for the definitions of “third-party debt collector” 392.002 states that you must have a bond before you can collect third-party debts. "

[masterduke]

Jerry, it would be great if a link or thread could be set up so that any forum member could find that info for the state they reside in. Is there any way of doing that? Thanks!

Originally Posted by masterduke

Jerry, it would be great if a link or thread could be set up so that any forum member could find that info for the state they reside in. Is there any way of doing that? Thanks!

To be absolutely honest; I really don't know if that could be done. I have lived here in florida going on nearly 30 years, and have never heard of the "flofr". It is obviously an obscure office, else one that is intended to be secreted away from public scrutiny.

My initial search was through the Secretary of State. This led me to the Administrative Procedures office wherein I found listings of codes; at this point I utilized their search engine and found the topic, which in turn only told me that it had been replaced by another obscure code, the code listed as 69v-180.010. I had seen this type of listing before while searching through the APO. With no other way to find information on this replacement, I turned to google and referenced it (69v-180.010), which gave me the lead to the 'flofr'.

If that does not help, then I apologize for not being able to assist further.

Jerry.

[masterduke]

Secretive? That is not suprising given the type of legal garbage that is being engaged in! Sounds similar to the nefarious activities of the judical branch. What with their slush funds and "retirement"/fine/levy/restitutions scams that they have hidden so well. Thanks for the for the backround story.