Tim
Valparaiso,#2Consumer Suggestion
Wed, February 06, 2008
You did a good job of picking out the red flags here. Let me expand upon them: "I then spoke with a Wesley Byrick, who stated that he was a special investigator for L.C.S, and was compiling information to have a summons served on my wife, unless she paid 5496.37, to settle account." The only information the guy would need to have a summons served on your wife is your wife's address. If these people have your phone number, then it shouldn't be too hard for them to get your address. In fact, if you were to give me your last name and phone number (don't actually do so) I guarantee you I could tell you what your address is. This sounds to me like a surreptitious means of trying to collect a debt by threatening litigation that isn't actually intended, which is a violation of the FDCPA. An actual process server would NEVER call you to find out what your address is. "If not would have to appear in court, as this was a state jail penalty." How is it supposed to be a "jail penalty" if they can't even serve you with a summons? BS! (We'll talk more on this subject in a bit). "there is no law stating you can be imprisioned for owing a debt" That's pretty much correct and, if the car was surrendered, then it is absolutely correct. You CAN be jailed for violating certain court orders in connection with the collection of debts, but a summons is not one of those orders. In fact, you have a constitutional right to ignore a summons (of course, if you do so, you run the risk of a default judgment). "He then claimed that she would be charged with obtaining property by fraud." Not if the property was surrendered before legal action was commenced! "I asked him for their mailing address, and he stated could not give it to me." BIG red flag. If a debt collector, or an attorney's office, won't give you their mailing address, how are you supposed to enforce your rights under the FDCPA, and how are you supposed to defend against a lawsuit? Many bad debt collectors try to tell debtors that they can't give out their address because, for example, "after 9-11, we're worried that you might send us anthrax" (I actually got that once, and all I could do was laugh). They are trying to prevent you from sending a validation request and/or a cease and desist order. The good thing for you is that this is prima facie evidence that they don't actually inend on litigating, which means they lied about filing a lawsuit, which means they violated the FDCPA. "I will assist in way I can to help have these people put out of business and in fact have them appear in court and pay hefty fines." Find yourself a lawyer. He will be able to find out who these scumbags are, have them appear (or fail to appear) in court and pay hefty fines. If you were in the jurisdictions in which I practice, I would be more than happy to take your case on contingency. Unfortunately, Texas is a long haul from Indiana.