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State v. American Recovery

February 2, 1973

STATE EX REL BLACK, APPELLANT,
v.
AMERICAN RECOVERY, LTD. ET AL, RESPONDENTS



Appeal from Circuit Court, Marion County. Jena V. Schlegel, Judge.

Lee Johnson, Attorney General, John W. Osburn, Solicitor General, and Al J. Laue, Assistant Attorney General, Salem, for appellant.

No appearance for respondents.

Fort, Judge. Schwab, Chief Judge, and Thornton, Judge.

Fort

Plaintiff Real Estate Commissioner filed suit seeking an injunction restraining defendant corporation and certain named officers and employes from engaging in the business of a collection agency in Oregon without a license or certificate of authority from the plaintiff allowing them to do so. Defendants demurred. The court sustained the demurrer. The plaintiff refused to plead further. The court then entered a judgment of dismissal of the amended complaint. Plaintiff appeals.

At the outset we find ourselves handicapped to understand the position of the defendants since they have filed no brief and instructed their attorneys not to appear further in the matter because, according to their attorney's letter to this court, "other arrangements apparently * * * [have] been made to solve the problem." We are not clear whether in fact this matter is now moot, and therefore proceed to examine the complaint.

The demurrer was on the ground that the amended complaint failed to state a cause of suit.

In essence the complaint alleges the defendant

corporation was licensed as a collection agency by plaintiff until October 13, 1971, and the named defendants were either officers of the corporation or were prior to October 13, 1971, licensed by the plaintiff as solicitors for the defendant company pursuant to ORS 697.146.

It alleges that the president and the designated licensed operator of the agency on October 13, 1971, "voluntarily surrendered the collection agency license of American Recovery, Ltd., and his own collection agency operator's license together with all the collection agency solicitor certificates on file for American Recovery, Ltd., to the Real Estate Commissioner."

It also alleges that thereafter, "[b]etween October 13, 1971, and December 6, 1971, the defendant American Recovery, Ltd. requested that its collection agency license be restored and reissued to it"; that on December 6, 1971, the Real Estate Commissioner denied this request and set out the reasons therefor in full, as required by ORS 183.430 (2), in a letter sent to defendant, which letter was attached as an exhibit to the amended complaint.

Lastly, it alleges that the defendants "[b]etween October 13, 1971, and the present time * * * have carried on the business of a collection agency in Oregon and solicited collection agency accounts and will continue to carry on said business and solicit collection ...


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