May I suggest that this thread would benefit more from some critical thinking about our OP and the questions that she posed? It’s just a personal opinion, but it seems to me that this thread got less productive immediately after SJ’s responses, which are neutral and non-judgmental replies to some very odd queries –queries that the OP has now pursued in two posts.
Hypothetical:
I’m an attorney (true). I operate a law firm (also true, although nobody on the Fortune 500 need feel that that their position is jeopardized by me). I own a majority equity interest in a business apart from the law practice (also true, also legal and even less of a threat to the Fortune 500 – for the sake of discussion, let’s say it’s a parcel of commercial real estate).
The business becomes a creditor for a delinquent debt and I’m a commercial debt collector (still staying right within the bounds of reality). I’m the natural first recourse to effect recovery of that debt (not a large or unreasonable leap of logic – I would like to see the business be paid and I understand the mechanics).
Now, we get into a few problems:
Their client is a Business entity they own.
So what?
I have done some research on this and it is vague on the topics of attorney junk buyers.
Junk buyers? Where the H did that come from and what does it have to do with the price of tea in China? Small wonder “it” is vague.
A workshop in DC made mention to this and referred to it as "double dipping".
Same question. I can’t collect debts for companies in which I have an equity interest? What if I also own stock in Ford Motor Company? Do I decline a referral or sell the stock? Worse yet, what if I’m invested in a mutual fund? Do I have to check who it’s invested in? “Double dipping”? C’mon, be serious. Are you suggesting that I encouraged a company to not pay Ford so that I could get a referral?
(But I am starting to get my “Spidey Senses” up about somebody who attends “debt workshops”.)
Can I attempt to fight the law firm since their client is not a collection agency licensed according to NJSA 45-18-1?
SJ says yes and so do I. As a matter of fact, I suspect that Ford isn’t a licensed collection agency anywhere. Could I come up with some hypothetical, which might meet some imaginary criteria? Probably. Did the OP? No.
Knowing that - check your laws carefully and wait to see if they violate. If they aren't licensed, file a complaint with your Attorney General and state licensing agency.
Ok, now we’re back to “Where the H did that come from?” I don’t see anything in the post about who is where.
Now the real problem:
While I’m sure that the OP is a sweetheart and means well, there is no collection agency licensing requirement in NJ. There is a small surety requirement, nothing more, and nothing to indicate that it applies to the law firm.
Your unwillingness to eliminate all bad posts shows that this forum is against the consumer, and makes the "free advice" ethic completely unfair for the consumer.
Irrelevant advice also does that. Research into NJ statutes, including the OP’s citation, might go a long way to addressing that problem for all concerned and encourage similar critical thinking in other consumers.
