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In Florida a Debt Collector Must Obtain a License Prior to Filing Suit

Persolve Recoveries, LLC v. Sinkfield, 30 Fla. L. Weekly Supp. 507a (Fla. 15th Cir. Ct. 2022)

A debt collection case was brought by Persolve Recoveries, LLC against Allecia Sinkfield. Persolve failed to register with the Office of Financial Regulation prior to filing suit, which is a condition precedent to filing a suit under section 559.553(1) of the Florida Statutes. The defendant argued that Persolve’s failure to register with the state prior to filing suit barred the litigation from proceeding. Persolve argued that it cured the deficiency by properly registering with the state after the suit was filed. However, the court found that Persolve’s failure to register before filing suit was not curable and granted summary judgment to the defendant.

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