Complaint Review: AAA Collection Agency

Filing a DMV Release of Liability is not enough. The consumer might file it and the DMV might lose the record. Furthermore, if the vehicle was not fully sold to someone else, the DMV does not update the owner information at all. The problem is that AAA looks at the DMV owner record to find who the owner is. They should look at the full car history. The DMV clearly has the information there.

So the collector's tactics are incorrect and do not justify assuming that the car does indeed belong to someone.

Please don't let incorrect information mislead you. The 5 day dmv rule does not state that the previous owner will be held liable if he/she cannot file within that time period. I have seen this situation a lot where the creditor tries to fool you with this.

You can go to any DMV and ask, and they will tell you that they always go by the transfer date, not the receipt date, even if the receipt date is 1-2 months after the transfer date. I, personally, have talked to over half a dozen DMV representatives from three different DMV locations regarding this matter, including two DMV managers and they have all said the same thing to me, that collection agencies tend to try and fool you into thinking you are responsible because the receipt date is not within 5 days of the transfer date. No where on the 5 day rule DMV paper does it state that the previous owner shall be held responsible if not filed within 5 days. All it informs is, file it within 5 days to avoid problems (like collectors trying to harass and fool you.) You can go to your local DMV on this matter and pay 5 dollars for an official DMV print out regarding this matter to use as proof. Also request that in the event the matter goes to court, DMV will sent a representative to testify for you (They will be happy to do so in most cases).

Also, when filling a release of liability. Let's say you sold the car 4 days ago and you file it today. DMV requires you to mail it in to their Sacromento headquarters, they do not process it at the local offices. that in it self will take a few days to arrive and a few more days to process. The receipt date will 80% of the time be more than 5 days after the transfer day. But this is all good, you have nothing to worry about.

I am a collector . I have been collecting for several years. I have read this thread from top to bottom and can tell you that it AMAZES me how some companies operate.

First off: The dmv records should show that the car is not in his name anymore and he is not the owner. This is what Din is claiming all along.

If there is some 'technicality' -aka a form he did not fill out - then all that is , is a loophole.

Secondly, the Agency's lawyer - Marc , already knows that the car doesnt really belong to Din .
Whether the agency and Marc knew it to begin with -is probably legitimate as to the bill to Din.

However, after finding out clearly that Din sold the car prior - the agency and attorny COULD CARE LESS AND WANT THE MONEY OUT OF HIM ANYWAY!!!

There is no possible way that a judge would entertain an Agency demanding Din pay these fees over a 'technicality' when morally and using common sense says he had nothing to do with incuring the charges in the first place.

A judge will use common sense and simply suggest what was 'reasonable' for Din to believe. The agency should have asked him to prove the sale and goto the DMV and change it - alleviating him of damages. Instead -the agency pounds away at him and here is more than my educated guess why:

THE NEW OWNER IS A DEADBEAT AND CANT BE LOCATED.
DIN HAS GOOD CREDIT SO THE BEST SHOT AT $$$ IS STICKING IT ON HIM.

As for Jan from North Carolina......

She seems to be quite the lady to me -and has pegged Marc as the munney grubbing p***k that he is .
But she is wrong about the 'w***e thing' - at least whores have nice legs!

and they tell you upfront who and what they are.

As for Marc:

If you were a man of any integrity at all ( not to mention a lawyer who tries to uphold the law)

You would do this :

1) Humbly apologize to Din for the mistake
2) Ask him to get proof of prior sale before the towing and fill out the form at the dmv
3) Remove it from the credit bureau or anywhere else.

4) Stand up before your peers and admit what a true p***k you are -and you now will change your ways

So , Let me get this straight .

They towed "your" car . Of course they ( the towing company - client of the collection agency) complied with the California towing laws and sent you notice within so many hours and followed the law to the letter(or did they ?)

When can you pick up "your" car ? Do they still have "your" car ? Is a police investigation needed to find out what they did with "your" car or to see what kind of scam they are running ? How does The California Attorney General and the local DA's office feel about this ? Can you spell RICO(H) ?

I can tell you from personal experience that the DMV regularly loses paperwork like this.

According to the original poster, he was able to confirm that the title was properly transferred to the owner. Nonetheless, the "attorney" for the collection agency claims that the previous owner is still liable for the towing charges. That sounds like B.S. to me and I think Marc should cite an applicable statute for case to support his claim.

As for the original poster, I would send the collection agency a cease & desist letter under the federal Fair Debt Collection Practices Act. Also, dispute the negative information on your credit report and consult and attorney if necessary.

It is a known fact. Major flaws in the credit industry exist. It branches out from creditors reporting information, to the credit bureaus maintaining that information. Sub branches, such as this case. Collection agencies picking up the wrong guy. If you don't owe the debt, don't pay it. Tell the collection agency to go to hell. Or, if your like me, tell the collection agency to go to hell and play the waiting game. As I did with Sprint.

Since Sprint was always disconnecting, their service being crappy, I terminated my service early. I was hit with a 175 dollar early termination fee. There's no standing for these fees, and that's what makes Sprint rich. It was sent to a collection agency (Allied Interstate out of Columbus, Ohio). They were uncooperative with me. I simply stated that I would pay the debt if it was taken off my credit. This lowlife company refused. They said that wasn't the policy of the company. Some "we maintain strict compliance in regards to reporting accurate and up to date information" crap.

I told them I wouldn't pay. So the CSR insulted me by saying I was a slacker and deadbeat trying to run circles around the credit system. So I told this rude rep that she could take my file, hold it up while I lit it on fire, and shove that flaming folder up her tampon filled vagina. Needless to say, I got an earful from the supervisor for my language. I threatened the employee and the supervisor with bodily harm and the supervisor stated he would file legal action against me for terroristic threats. That was almost a year ago and i'm still waiting; lol! AND, I knowingly bluffed them. I know collection agencies are there to make money. If they can't get money from an account, they sell it. Once they sell it, pursuant to the FCRA, the listing is required by law to come off your credit.

This happened with me. My credit was clean. I got contacted by another collection agency in Philadelphia, they actually worked with me. I told them I could cut them a check provided they didn't report this account. They agreed. I cut them the $175, and my credit was cleaner. I ended up happy, and this Philadelphia Collection agency ended up happy. Allied Collections in Columbus ended up the looser. Overall, the Philadelphia Agency and the CSR was very polite and professional.

To sum it up, the ways to cheat the credit system are as follows:

1.) If you incur a debt, and it gets reported to the credit bureaus, ONLY PAY THE DEBT IF THEY WILL DELETE THE LISTING OFF YOUR REPORT. Otherwise, you are throwing money away. Even a paid collection is weighed the same. If it says collection, it's still an I-9 listing.

2.) If the collection agency refuses, then refuse to pay. If they get rude with you for only trying to negotiate, then get rude back. Do what you have to do and get the point across. The worst that can happen is they keep the account to gather dust as punishment towards you. Most of the time they will sell the account allowing you to make payment without some sort of reward.

3.) If the collection agency agrees, then get it in writing. That way, if they were just pulling your leg, you can take them to court and sue them for damages.

4.) If all else fails and the collection agency will not sell the account and it gathers dust, then simply wait out the 7 year reporting period. It is better to concentrate on your current credit obligations to better show creditors you are stable again. Also, exploit the flaw in the credit bureaus. They have been known to become backlogged by 3 or more months. Meaning a January payment might show up untill March or April. So if your in the market to buy a car or house, it is real easy to get the letterhead from the collection agency off the net, compose a fake letter of payment (satisfied in full) to be deleted from your credit. Only, show this letter to the finance officer at the loan place, and they will consider the listing on your credit as paid off, just not updated on your credit file. You will STILL get the loan at a good rate if your current credit obligations are met firmly.

Needless to say, there's always ways around a listing that a collection agency won't delete. Either by bluffing the agency and forcing them to sell it, or fabricating a fake letter of payment and exploiting the couple month credit bureau delay. Cheating the credit system is fairly easy and takes patience. But in the end, the listing will come off your credit and the debt will become irrelevant, whether it's paid or not.

For a fellow so offended, I notice you don't mind putting your name out there long after the issue is past and buried. Makes me wonder how good business is and if your bills are being paid.

Where I come from, you're what's known as a "w***e attorney". (My apologies to whores everywhere.)

For a fellow so offended, I notice you don't mind putting your name out there long after the issue is past and buried. Makes me wonder how good business is and if your bills are being paid.

Where I come from, you're what's known as a "w***e attorney". (My apologies to whores everywhere.)

For a fellow so offended, I notice you don't mind putting your name out there long after the issue is past and buried. Makes me wonder how good business is and if your bills are being paid.

Where I come from, you're what's known as a "w***e attorney". (My apologies to whores everywhere.)

For a fellow so offended, I notice you don't mind putting your name out there long after the issue is past and buried. Makes me wonder how good business is and if your bills are being paid.

Where I come from, you're what's known as a "w***e attorney". (My apologies to whores everywhere.)

To those of you who wondered why I responded, I must repsond once again. I will not allow my name or that of my clients to be dragged through the mud because someone chooses not to pay his debts or to properly relenquish himself from liability. Collection agencies exist because of debtors like yourself who feel they can cheat the system. Contrary to belief, I do not have a lot of time on my hands, which is why this rebuttal was written off hours, but was necessary to help clear the air.

To those of you who felt it necessary to write and attack a collection agency and the attorney who represents, we can only assume that you too agree with not paying your debts. We did not create the debt, we merely enforce its payment.

Here's a guy who doesn't give a crap about a car that was towed. He states that he doesn't own it anymore. He could care less what happens to the vehicle. An "attorney" working for a collection agency, representing the tow company that has the vehicle, is threatening him for towing fees and penalties.

Send a cease and desist(sp) letter to the attorney, with a copy to the towing company, with a note that you are being harassed and a complaint with the state bar, will be filed AND legal action will be taken aganist; THE TOWING COMPANY AND ATTORNEY, if actions aren't ceased. Interesting how the attorney got on here and pleaded his case.IMO,

I think he has way too much time on his hands or not alot of other things to work on. The attorneys I know, don't have the time to bother with little chickenshit stuff like this.

Here's a guy who doesn't give a crap about a car that was towed. He states that he doesn't own it anymore. He could care less what happens to the vehicle. An "attorney" working for a collection agency, representing the tow company that has the vehicle, is threatening him for towing fees and penalties.

Send a cease and desist(sp) letter to the attorney, with a copy to the towing company, with a note that you are being harassed and a complaint with the state bar, will be filed AND legal action will be taken aganist; THE TOWING COMPANY AND ATTORNEY, if actions aren't ceased. Interesting how the attorney got on here and pleaded his case.IMO,

I think he has way too much time on his hands or not alot of other things to work on. The attorneys I know, don't have the time to bother with little chickenshit stuff like this.

Here's a guy who doesn't give a crap about a car that was towed. He states that he doesn't own it anymore. He could care less what happens to the vehicle. An "attorney" working for a collection agency, representing the tow company that has the vehicle, is threatening him for towing fees and penalties.

Send a cease and desist(sp) letter to the attorney, with a copy to the towing company, with a note that you are being harassed and a complaint with the state bar, will be filed AND legal action will be taken aganist; THE TOWING COMPANY AND ATTORNEY, if actions aren't ceased. Interesting how the attorney got on here and pleaded his case.IMO,

I think he has way too much time on his hands or not alot of other things to work on. The attorneys I know, don't have the time to bother with little chickenshit stuff like this.

Here's a guy who doesn't give a crap about a car that was towed. He states that he doesn't own it anymore. He could care less what happens to the vehicle. An "attorney" working for a collection agency, representing the tow company that has the vehicle, is threatening him for towing fees and penalties.

Send a cease and desist(sp) letter to the attorney, with a copy to the towing company, with a note that you are being harassed and a complaint with the state bar, will be filed AND legal action will be taken aganist; THE TOWING COMPANY AND ATTORNEY, if actions aren't ceased. Interesting how the attorney got on here and pleaded his case.IMO,

I think he has way too much time on his hands or not alot of other things to work on. The attorneys I know, don't have the time to bother with little chickenshit stuff like this.

Din,

It's possible that the notice may have been generated early, as stated on the CA DMV website (below). Might be worth your time to go by there just to get this maggot out of your life. The website states:

Complete a Notice of Release of Liability (REG 138) and mail the notice to the DMV address on the form. The seller is responsible for reporting the change of ownership to DMV within 5 days from the date of sale. It is important to do this as soon as possible, because after DMV updates the information from the REG 138, you will be cleared from future liability on the vehicle. The purchaser is responsible for reporting the change of ownership to DMV within 10 days from the date of purchase.

Registration renewal notices are computer generated more than 60 days prior to the expiration date. Occasionally, these renewal notices are generated within days of the sale of your vehicle and the documents may cross in the mail.

If this occurs, complete another release of liability form or submit a copy of your original notice of release of liability with your renewal notice, and DMV will update the information. You can mail it to the address on the form.

And FYI to Marc,

If I'd sunk so low as to use my Law degree to represent a collection agency that didn't investigate before demanding payment, I sure as hell wouldn't state my full name on a national website.

Further, if your version is the whole and only truth, be a pal and hire a truck to retrieve the car and deliver back to Din as the 'rightful owner'. I'm sure he'll be happy to pay the towing fee.

You must be the darling of your local Bar Assoc.

This outraged debtor did not properly fill out and/or file the RELEASE OF LIABILITY form required by the DMV when there is a change of ownership regarding a vehicle.

The DMV rules are very strict. You must properly fill out the Release of Liability form and file it with the DMV no more then 5 days after the sale or transfer of the vehicle. This means if you file the release of liability more then 5 days after the transfer then YOU are still liable for that vehicle, regardless of the fact that there is a new owner and you are no longer registered as the owner. My client AAA CREDIT COLLECTION AGENCY only pursues valid debts.