M J Hecker & Associates, P.C.
Phone: (303) 561-4305
Fax: (303) 433-9463
Address: 5889 Greenwood Plaza Blvd #205
Englewood, CO 80111
Website: www.mjhecker.com
Original Business Start Date: November 1990
Principal: Mr. Martin J. Hecker, President & CEO
Customer Contact: Mr. Martin J. Hecker, President & CEO - (303) 561-4305 or
[email protected]
Email Address:
[email protected]
Entity: Corporation
Incorporated: November 1990, CO
Type of Business: Attorneys - Collections Law
BBB Accreditation: This organization is a BBB Accredited business.
Government Actions
On March 3, 2008, the Administrator of the Colorado Collection Agency Board issued a Stipulated Order denying M.J. Hecker & Associates, LLC's application for a Colorado collection agency license. The Administrator and Applicant agree to entry of this Stipulated Order Denying Application for a Colorado Collection Agency License. The application was denied for the reasons stated below:
The applicant was previously licensed as a Colorado collection agency on February 7, 2006. The license automatically expired on July 2, 2007 for failure to renew the license. On August 27, 2007, according to the records of the Colorado Secretary of State, the applicant converted from a professional corporation to a limited liability company. During the fifteen (15) months that the applicant was licensed as a collection agency, eighteen (18) complaints were received alleging violations of the Colorado Fair Debt Collection Practices Act (CFDCPA). After the applicant's collection agency license expired, six (6) additional complaints were received alleging violations occurring during the licensure period. From these twenty-four (24) complaints, disciplinary action for CFDCPA violations were taken five (5) times:
1. January 29, 2007 - Letter of Admonition for violation of 12-14-108(1) & (1)(i), C.R.S. (demanding treble damages and attorneys fees on returned checks prior to entry of judgment and that were beyond the statute of limitations).
2. March 5, 2007 - Letter of Admonition for violation of 12-14-105(3)(a), C.R.S. (failure to cease communications after receipt of consumer's written notice of refusal to pay).
3. April 12, 2007 - Letter of Admonition for violation of 12-14-105(1)(a) & 2, and 12-14-109(2), C.R.S. (failure to cease collection activities after receipt of consumer's written dispute and prior to verification of the debt, and continued written communications after receipt of consumer's letter to cease correspondence).
4. April 13, 2007 - Letter of Admonition for violation of 12-14-107(1)(b)(I), 12-14-108(1)(a) & (i), and 12-14-109(1), C.R.S. (demanding treble damages and attorney's fees on a returned check prior to entry of judgment and for failure to validate debt after initial communication with the consumer).
5. February 25, 2008 - Letter of Admonition for violation of 12-14-105(3)(a), C.R.S. (failure to cease communications after receipt of consumer's written notice of refusal to pay). Although the complaint was received and the admonishment issued after the applicant's license expired, the violative actions occurred during the period of licensure.
The applicant's current collection agency license application was signed by Martin J. Hecker on January 21, 2008. Pursuant to 12-14-119(2)(d)(III), C.R.S., question #13 of the license application asks if the applicant or any of its principals was subject to any legal, administrative, or disciplinary action by Colorado or any other state. Prior to the signature line is the following warning in bold-face type: "Statements made herein are made under oath. False statements may be punishable as second-degree perjury." Despite the four letters of admonition issued to the applicant prior to the date of the application, the applicant answered question #13 in the negative.
In addition, question #10 of the applicant's current collection agency license application asks the applicant to list, and submit personal affidavits for its executive officers. Question #6 on the personal affidavit and question #10 of the collections manager application ask if the individual has been or is presently an employee, officer or owner of any collection agency whose license was subject to any disciplinary or adverse action in Colorado or any other state. Prior to the signature line is the following warning in bold-face type: "Statements made herein are made under oath. False statements may be punishable as second-degree perjury." Despite the four letters of admonition issued to the applicant prior to the date of the application and during their tenure as officers, Mr. Hecker, Mr. Jeffery L. Valverde answered question #6 in the negative, and Mr. Glenn Randle answered question #10 in the negative.
The applicant states that neither it nor its officers or collections manager intended to provide false or misleading information but that the failure to disclose prior discipline was a mistake and oversight.
The Administrator is authorized to deny a license application if grounds exist that would justify disciplinary action under 12-14-130, C.R.S., for failure to meet the requirements of 12-14-119, C.R.S., or if the applicants or its principals have fraudulently attempted to obtain a collection agency license.
The applicants disciplinary record of five letters of admonition for activities that occurred during the fifteen (15) months it was licensed as a Colorado collection agency demonstrates that the applicant is unable or unwilling to comply with the consumer protection provisions and regulatory requirements of the Colorado Fair Debt Collection Practices Act. For these reasons, and pursuant to the Administrator's authority the application is denied.
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