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If I purchase judgments to enforce on my own do I need to get bonded, or is that only for Debt collectors?
Anonymous6 views2 answers
I was planning on starting a judgment enforcement business and collecting the judgments on my own. If I purchase the judgments and pursue them, would I first need to get bonded like a collection agency, or can I personally take action with just a business license?
Some states require judgment and debt buyers to obtain a license before they can go into the business of buying and enforcing debt.
In CA they regulate wholesale judgment buyers similar to debt collectors. It appears that recently the WA legislature adopted a similar approach deeming debt buyers to be debt collectors:
"Debt buyers added to the definition of a collection agency
The 2013 Legislature adopted a new bill, ESHB 1822, that adds “debt buyers” to the definition of a collection agency. The new law:
Makes all debt buyers and others who meet the definition of a collection agency subject to the Washington Collection Agency Act (RCW 19.16) and current administrative rules (WAC 308-29).
Clarifies that licensees are prohibited from engaging in the unauthorized practice of law. This means that lawyers can practice law and also hold a collection agency license."
See link here:
http://www.dol.wa.gov/business/collectionagency/collicense.html
I strongly suggest that before you jump into this, you retain a knowledgeable attorney who is experienced in the debt collection/debt buying field and has a strong background in administrative law as well as collection law. I say this because you could theoretically end up doing things really wrong and that is the stuff lawsuits and sometimes class-action lawsuits are made of.
Click on "Find a Lawyer" and start shopping for an attorney in your area who knows this business well enough to represent you. Doing it on your own is courting disaster. I note that WA has apparently required that a lawyer be involved, even if its the lawyers own collection agency, there are separate license requirements, and it prohibits the practice of law without a license.
If you are going to pursue any sort of collection business, you will need a lawyer on retainer to make sure you comply with the shifting requirements of the Fair Debt Collection Practices Act, the Washington Collection Agency Act and other Consumer Protection Acts.
As to your question, the Washington Supreme Court issued a decision in Gray v. Suttell Assocs with a broad interpretation of the definition of "collection agency" under the Washington Collection Agency Act. Your business plan lacks detail but it will be very difficult to do business without being classified as a "collection agency".