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Collector is going to send the claim sheriff's office.

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Nomorecc

Junior Member
What is the name of your state? WY

This is wat they say: we are going to forward your case to sheriff's small claims. (the amount is small indeed, and we told them we would pay, but right now we don't have the money).

And how is that possible? Aren't they supposed to file a claim at court first? I mean, what is it going to look like: sheriff will come to us to collect a check? Don't they have other things to take care of at the sheriff's office? By the way, the collector is in another state.

If it was that easy, how come other collectors don't do it?

From all I read about debt collection, if all calls and letters fail, collectors go to court. The debtor receives summons, and either settles the case before the court, or goes through the trial procedures. And only if the court rules agaist the debtor, THAN a sheriff may come to make sure the debtor follows the court's order.

Am I right? Is that collector's agecy false-threatening us? Or they mean court when saying "sheriff's office" - to pinch our nerves?
 


Ladynred

Senior Member
YOU are correct, they can't do squat w/o first filing a lawsuit. The earliest a sheriff would get involved is if they do the serving of the summons.

The CA is uttering the usual BS threat hoping you're misinformed and scared to death of the sheriff !!
 

bigun

Senior Member
The collector is in another state? Check out these requirements to operate in Wy. and see if they are legal.


Collection Agency Licensing Requirements:
Under WS 33-11-101, et seq., any person who engages in the collection of debts for Wyoming creditors, regularly collects or attempts to collect for Wyoming creditors, directly or indirectly, debts owing or due or asserted to be owed or due for another, accepts assignments of debtors for collection purpose, and directly or indirectly solicits for collection acctounts, and use a fictitious name or any name other than their own name in the collection of their own accounts receivable, is required to obtain a license from the State of Wyoming before conducting any collection activities in the state. An Applicant for a collection agency license is required to post a bond in the sum of $10,000.00. All collection agencies must establish a physical office in the State of Wyoming operated by a qualified resident manager and maintain trust accounts within the state for the deposit of all monies collected. Detailed information about collection agency licensing requirements may be obtained from: State of Wyoming Department of Audit Division of Banking Collection Agency Board Herschler Building, 3 East Cheyenne, WY 82002 Tel: (307) 777-3497 Fax: (307) 777-3555 Internet e-mail: [email protected]
 

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