Complaint Review: JBC And Associates Attorney At Law - Bloomfield New Jersey

JBC is a legitimate debt collector, they are not some fly-by-night scam operation that somehow got their hands on your personal information and are now intentionaly trying to defraud you. JBC markets itself as aggressive collectors of bad checks. In this regard, don't rely on them to be too concerned about your rights. JBC claims that when they take people to court, 90% of the time they receive a default judgment, meaning that the person they are collecting against never even shows up to defend himself. Here's what I think happened in your situation. If it is true that you had no checking accounts in 1993, they are probably confusing you with someone else. By Maryland law they are required to send you a notice 30 days before filing suit. This notice requires the folowing information: your name and address at the time the check was written, the name and address of the company the check was written to, the date, the amount, and the financial institution the check was drawn on. Demand this information from them. If they don't have this information, they can not file suit against you. Once you have this information it should be pretty easy to prove that you are not the person they are after. You can go to Bank of America, or whoever else you may need to, and have them make a statement that you did not have an account with them in 1993. Or, through various means, you can show that the address doesn't match your addres at that time (utility records, tax records, etc.) This would not, by itself, require them to stop their activity, but it would provide you witha complete defense if this were to go to court. If you were under the age of majority at the time the check was written (usually 18) all you should have to do is fax them a copy of your driver's liscence. A person not of the age of majority who enters into a contract (which is what you do when you write a check) has a "voidable" contract, meaning that you have a complete defense to the debt. Also, I'm pretty sure banks don't issue checking accounts to people under 18 years old. I bring this up because you state that you had no accounts in 1993, and most adults have some type of account somewhere. This would not, by itself, stop their activity, but if they were to bring you to court all you would have to do is prove that if you weren't 18 in 1993 and the court would dismiss the suit. If neither of these things work in your favor, do not fret, the law is still on your side. In the state of Maryland there is a four year statute of limitations on debt collection for debts incurred under the Uniform Commercial Code (which includes all sales). The legthiest statute of limitations in Maryland is six years (aside from judgments, and I'm assuming that this debt is not the result of a judgment). What this means is that, if they bring you to court, all you have to do is point out to the judge that this debt is barred by the statute of limitations and therefore cannot be decreed valid and owed by the court. As for their assertion that a warrant will be issued for you arrest, this is beyond bogus. The statute of limitations for the prosecution of theft offenses (which is what this would be) in the state of Maryland is two years. First, a private law firm has no power to issue a warrant on criminal charges. Second, no prosecutor would even bring these charges (as they are barred by the SOL). Last, and most important, the characterization of a debt as criminal (when it is not criminal) is a violation of the Fair Debt Collection Practices Act. The FDCPA provides a private cause of action against debt collectors who violate this provision. What I'm saying is not only do they not have a case against you, but you have a case against them, as they have violated a federal statute that provides monetary damages to victims. Here's what I would do in your situation, and this would be a good time to point out that I am not a lawyer and this should not be construed as competent legal advice. I would send them the following letter, and I would include a photocopy of your driver's liscence, social security card, and a statement from a B of A official attesting to the fact that you never had an accout with them or any company that they may have acquired: Your firm is attempting to collect on a debt allegedly owed by me. I contest this debt on the following grounds. 1) I did not incur this debt. The enclosed documentation shows that I had no accounts with the financial institution that the check in question was drawn on in the year the debt was incurred. 2) In the event of dissatifaction as to the above clarification, legally coerced collection of this debt is barred by the statute of limitations of the state of Maryland, as set forth in Maryland civil statutes. [note: (don't include this in the letter) I cannot retrive the specific statute number at this time, if you need it please post a rebuttal requesting it or ask the editor to contact me] 3) Although not a defense to the debt, a representative of your firm has characterized this debt as criminal in nature when it is not [Md. Stat. Ann. Art. 27 Section 327(i) (setting the statute of limitations for theft related offenses at two years)]. If you wish to pursue collection in a court of law, I will be forced under compulsory counterclaim rules to counterclaim and assert my right to a private cause of action under 15 USCA 1692 (allowing for private causes of action when a debt that is purely civil in nature is characterized as criminal). At this time, I hereby order you to cease and decist any further communication, by telephone or by mail, between any representive of your firm and myself, my employer, and any other acquainances or relatives of myself which you may wish to contact in connection with this invalid debt. Any and all future violations of the FDCPA and pertinent laws of the State of Maryland will result in civil action. Any and all correspondence in disregard of this cease and decist order will be recorded or otherwise preserved for use as evidence in such proceedings. (signature) Be sure to send this by certified mail, return receipt requested. This should shut them up, or as they say on the law, "estop" them. If not, you may find yourself in a courtroom. If such is the case, your best bet is to hire an attorney. Also, the debt they have allegedly misassigned to you may be reflected on your credit report. If you wish to have this cleared up it may be a more complex matter. If such is the case, file a rebuttal and I'll see what I can find out for you. Good luck, and remember, this is not a substitute for competent legal advice.