Complaint Review: Pacific Management Recovery Llc. - Corona California

On May 19th, 2010 at 1339, I received a phone call on my cell phone from my ex wife, ************. She told me that she had just received a call from someone claiming to be from the "Sheriff's Department" and asked if I, *******, was going to be around so they could serve me with legal paperwork and to call 1-866-668-0012 with reference to "Case Number **********". They also told her that if I did not respond by calling that number within 3 days, a bench warrant would be issued for my arrest. A signed statement by the witness, *********, is available upon request.

I called the number and I was connected with Mr. Kevin Durran with "Pacific Recovery". PO Box 792, Riverside, CA  92501. I identified myself and gave the reference number and they put me on hold while they pulled up my "Case Number". He said, "Mr. *****, a law suit has been filed in your name on behalf of our client and a settlement agreement was reached in January. The original amount of the credit card debt with HSBC Orchard Bank is supposedly around $5,000.00, but a settlement agreement was offered of $2,500.00 but if I wish to reinstate the payments, they would knock it down to $1,995.00 as long as I paid 25% down. Equals about $250.00/month for up to 90 days. Then the payments would be reinstated. I asked who made the settlement offer and he said, "The Director", whoever that is.

I asked him why they called my ex wife and claimed they were with the Sheriff's Department and I had 3 days to respond or a bench warrant would be issued for my arrest. He denied any knowledge of the incident and then told me that it was their "Processing Service Center" in New York who called and they have a script that they use. My ex wife has no reason to lie to me about what they said. When I asked  which court the law suit was filed in, because I cannot find any evidence of said law suit being filed in ***** County Superior court regarding this matter.He then stated, after a very long pause,  that there WAS NO LAW SUIT and it was "IN PROCESS".

I believe my Constitutional and Civil Rights have been violated because:

1. They called my ex wife and released information of a derogatory nature to a third party without my knowledge or consent, violating the Privacy Act.

2. They threatened that I would be imprisoned if I failed to respond to them and contact them. This is a violation of the Fair Debt Collections Practices Act. Public Law 95-109

3. They claimed to be representing a Law Enforcement Agency, although they did not say of which County. They only stated that they were from the "Sheriff's Department." This is a violation of State Law. "Impersonating a Law Enforcement Officer."

4. I was not served with adequate process of law, yet they claim that I had already been sued.

I immediately claimed "Common Law Jurisdiction" and I stated that "I do not consent". I also stated, "I am reserving all of my Constitutional Rights at this time". I also stated that I believe a law has been broken and that my rights have been violated and I was going to peruse this matter further." He said, "Well people do have their rights".

Spoke with Officer **** of the ********** Police Department and he said that there isn't much they could do about impersonating a Law Enforcement Agency because they cannot prove who, exactly stated that, but they had definitely violated some Civil Laws. He told me that if he were me, he would peruse it and file a complaint with the Attorney General's Office and the Consumer Protection Agency. He said I could get around 2 thousand dollars for each offense. I will peruse this matter. ********** Police Department Incident Number: ***********.

The Police Officer I spoke with was well aware of "Common Law" and the Civil laws that were violated. He also said, "If they call you back, give them my number and tell them to call anytime after 4:00pm. ;) He said he would have a nice little chat with them. He actually gave me his cell phone number.

5/20/10 I called Pacific Recovery and spoke with someone who refused to identify themselves. He was a male. I asked for the account number of the debt and when the debt occurred and to whom the debt was originated. The account number is *******************. HSBC Orchard Bank. At this time, they claim to have purchased the rights to the account and they are the ones threatening to sue me, yet, yesterday, they claimed that they were working for their client, HSBC Orchard bank. Kevin Durran told me they were a collection agency. So, I do not know who, exactly I owe and who is collecting. They aren't being very cooperative and they keep changing their story.

Incidentally, in the last few days, I have received numerous Orchard Bank applications by email.