Consumer complaint received 2021-05-16
Company: Duvera Billing Services, LLC
State: MI
Product: Debt collection
Sub-product: I do not know
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
This communication is regarding an alleged debt that the " collection agency '' Duvera Billing Services , LLC is claiming that " I have a charge off account of {$740.00}. '' This is a formal notice that their claim is not only invalid but is disputed on the premise that the aforementioned collection agency is violating the State of Michigan licensing and bond requirements by being deficient, out of compliance and not in good standing with the State of Michigan ( i.e. lapsed ). The applicable licensing and bond requirements have not been met by Duvera Billing Services , LLC in order to legally collect on a " claim '' or " debt '' from consumers within my state of residency. 

I have attached in a PDF the applicable proof that the collection agency is out of compliance. I have extracted a few items from the Michigan Licensing and Regulatory Affairs that validates my claim which is provided as follows : License Number : XXXX Status : Lapsed License Issue Date : XX/XX/XXXX Expiration Date : XX/XX/XXXX Below are the applicable laws that give credibility to my claim of the alleged " debt '' being invalid as to collection. 

( 1 ) According to Michigan Licensing and Regulatory Affairs, Article 9 of Public Act 299 of XXXX, as amended was created, to license and regulate collection agencies operating in Michigan. Article 9 defines a collection agency as a person that is directly engaged in collecting or attempting to collect a claim owed or due or asserted to be owed or due another, or, subject to subsection ( 2 ), repossessing or attempting to repossess a thing of value owed or due or asserted to be owed or due another arising out of an expressed or implied agreement. MCL 339.901 ( 1 ) ( b ) ( 2 ) M.C.L. 339.904. Section 904 ( 1 ) states, " Except as otherwise provided in this article, a person shall not operate a collection agency or commence in the business of a collection agency without first applying for and obtaining a license under this article from the department for each place of business. '' ( 3 ) M.C.L. 339.907 Corporate surety or cash bond ; action on bond ; aggregate liability ; cancellation of bond. Section. 907 states, " The department shall require a collection agency to file and maintain in force for each license a corporate surety or a cash bond conditioned upon the faithful accounting of all money collected upon accounts entrusted to the collection agency in a form prescribed by the department in a sum the department considers necessary, but for not less than {$5000.00} nor more than {$50000.00}. The bond shall be for the benefit of a person damaged by the wrongful taking of money collected by the agency or failure of the collection agency to report or remit proceeds of collections made. A person injured may bring an action upon the bond. The aggregate liability to all injured persons shall not exceed the sum of the bond. The surety on the bond shall have the right to cancel the bond upon giving 30 days ' written notice to the department and after that date shall be relieved of liability for a breach of condition occurring after the effective date of the cancellation. An action on a bond shall not be commenced after the expiration of 1 year from the effective date of cancellation of the bond. '' Please also be aware that any negative mark found on my credit reports ( including XXXX, XXXX  and XXXX  ) from Duvera Billing Services , LLC or any company that they represent, for an invalid debt or debt that I don't owe is a violation of the FCRA & FDCPA.

Pending the outcome of my investigation of any evidence that you submit, you are instructed to take no action that could be detrimental to any of my credit reports.

Failure to respond may result in small claims legal action against Duvera Billing Services , LLC at my local venue. I would be seeking a minimum of {$1000.00} in damages per violation for : Defamation ; Violation of the Fair Debt Collection Practices Act ( including but not limited to Section 807-8 ) and Violation of the Fair Credit Reporting Act ( including but not limited to Section 623-b ) Please Note : This is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. Again, this is a request for Duvera Billing Services , LLC to correct records and is not a statement, election or a waiver of status.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation