Author Topic: How do I serve a complaint?  (Read 211 times)

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SixthAttempt

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How do I serve a complaint?
« on: September 16, 2014 07:16:46 AM »
I'm in Idaho, and the debt collector is in New York and the "current creditor" is also in New York (1-1/2 blocks away).

The debt collector began making phone calls on 9/2/14 - averaging probably 1 every other day for the past 2 weeks. These calls all came to my cell phone. I answered some and missed some. Some were automated messages, some were a person. I recorded many. No standard disclaimer was EVER made in any of these calls, in fact, in two of the calls I asked if the caller is a debt collector. He denies that he is a debt collector, and states that they are a mediator.  Both of these calls are recorded.

I received 1 letter mailed the day I verified my mailing address with the 'mediator.' This letter makes the following statements:
  • HSBC Card 2/1/2011 **note this date**
  • We are a debt collector. Federal law requires us to inform you that this is an attempt to collect a debt. Information obtained can and will be used for that purpose.
  • This office has been retained to collect a debt owed by you to the current creditor: JTM Capital Management, LLC. This is a demand for payment in full. (Emphasis mine.)
  • The required disclaimers: Dispute in 30 days, dispute in writing and we will verify, request OC information and we will provide it...

I believe I have a case for FDCPA for the following:
1. During the conversations the 'mediator' gave the exact date the card was open, but extended the charge off by 2 years. He further explained (on questioning) that the 2/1/2011 date listed in the letter is the date of the charge off.  Moving this date out 2 years puts this debt inside the SOL. 1692e. Standard false, deceptive, etc. Also 1692e(2)(A) misstating the character amount or legal status.
2. Several statements from pre-recorded messages and 'mediator' of 'legal documents' that are being prepared. ??Possible 1692(e)(3), but any paperwork that isn't illegal, is legal, so I won't hold my breath here. 1692e(13) would seem closer if even this applies.
3. 1692e(10) False representation or deceptive: "I'm not a debt collector" Changing dates.
4. Not a single standard disclaimer in multiple individual conversations and pre-recorded messages. 15 U.S.C 1692e(11)
5. 1692f(1) They're claiming $2900, original amount $1900 (I haven't verified either of these numbers).

TCPA: Multiple phone calls, auto-dialed calls to cell phone.

I'm sending a dispute letter tomorrow - or soon thereafter. Here come the questions:
1. I'm considering inserting an ITS letter with a copy of my complaint. Good idea or bad?
2. I have an address for the 'mediator' but can't find their name in the New York corporations records. Who do I address and send the summons to? Mediator BTW is "Es ser, Ja mes and As sociates". No spaces. Can it simply be mailed CMRRR? FlyingIFR suggested in a "http://www.debtorboards.com/index.php/topic,26480.0.html" post that in NY, it can be sent to the Secretary of State. However, I'm not finding this entity in their records.

Okay, that should be enough to get me started. Does anyone have any suggestions?

References:
JTM (Current creditor) on New York state site. "http://appext20.dos.ny.gov/corp_public/CORPSEARCH.ENTITY_INFORMATION?p_nameid=4549191&p_corpid=4549257&p_entity_name=jtm&p_name_type=A&p_search_type=BEGINS&p_srch_results_page=1" and their website: jtmcm.com/services.html


I am not an attorney. I am not giving legal advice. Any information I give regarding my experiences are for entertainment purposes and to be used only for interpretive dance.

Brunothe JDBKiller

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Re: How do I serve a complaint?
« Reply #1 on: September 16, 2014 01:39:31 PM »
Are they licensed? Debt collectors must be licensed in Idaho or they can't collect anything. If they exist (doubtful) you have more than enough for a suit. Any consumer attorney would take this, but before you get into chasing shadows, make sure they have something to go after.

Many NY debt collectors are scam companies with no assets and cannot even be located, much less served. Who is JTM? I can't get that link to work.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

SixthAttempt

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Re: How do I serve a complaint?
« Reply #2 on: September 16, 2014 04:35:03 PM »
Weird. http://www.dos.ny.gov/corps/bus_entity_search.html From here, type in JTM; it's JTM Capital Management LLC. This lists them as a Foreign LLC - does "foreign" in this instance mean out of the country?

They have a website with practically no information (jtmcm.com) - the only way I was able to find their site was by Googling their phone number 866/651-7663.

I'm not concerned about them being able to collect anything from me, but do you have any advice on making sure they have something to go after?

Also, how did you know Idaho dc's need to be licensed? Did you find that somewhere, or do you have a list?

Thanks!
« Last Edit: September 16, 2014 06:02:03 PM by SixthAttempt »
I am not an attorney. I am not giving legal advice. Any information I give regarding my experiences are for entertainment purposes and to be used only for interpretive dance.

Brunothe JDBKiller

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Re: How do I serve a complaint?
« Reply #3 on: September 16, 2014 07:16:43 PM »
This lists them as a Foreign LLC - does "foreign" in this instance mean out of the country?


No, it means they are from a state outside yours.

States that do not require licensing include California, Georgia, Iowa, Kansas, Kentucky, Montana, Oklahoma, Pennsylvania and South Carolina. New Jersey does not license, but requires a 5K bond.

Info is accurate to the best of my knowledge. Research each state separately if you are involved with them. Each state has a web site with a section that pertains to licensing. It will tell you who needs one and who is exempt.

Finding out if assets exist is near impossible unless you have a judgment that allows you to conduct a debtor's exam. Are they in the Buffalo area? If so, 99% chance they are a boiler room operation and you'd be wasting your time suing them. Try the NY AG office, they may have some info on them.

http://www.ag.ny.gov/
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

SixthAttempt

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Re: How do I serve a complaint?
« Reply #4 on: September 16, 2014 07:43:51 PM »
This was very helpful. Thanks Bruno.
I am not an attorney. I am not giving legal advice. Any information I give regarding my experiences are for entertainment purposes and to be used only for interpretive dance.

Brunothe JDBKiller

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Re: How do I serve a complaint?
« Reply #5 on: September 16, 2014 08:15:24 PM »
Okay, I would suggest changing your Avatar. We have a poster Carnegie who uses this, he is from Texas and has multiple issues. It is confusing to see the same Avatar for two posters. Who is that dude, anyway?
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

SixthAttempt

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Re: How do I serve a complaint?
« Reply #6 on: September 17, 2014 04:35:04 AM »
He's apparently a U2 musician. I chose him because he was the goofiest looking guy offered in the default avatar set.

So, if I have a summons served to New York, I need to use THEIR rules, not the rules of my home state?
I am not an attorney. I am not giving legal advice. Any information I give regarding my experiences are for entertainment purposes and to be used only for interpretive dance.

Just Plain Bill

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Re: How do I serve a complaint?
« Reply #7 on: September 17, 2014 12:03:02 PM »

So, if I have a summons served to New York, I need to use THEIR rules, not the rules of my home state?
You will have to plead jurisdiction is in your home state and county
I Donated

Brunothe JDBKiller

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Re: How do I serve a complaint?
« Reply #8 on: September 17, 2014 01:39:54 PM »
Most likely you will have to show your summons and complaint to the clerk for approval before you can have it served. They'll tell you if you made any mistakes. After that, hire a process server and let them serve the summons.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

 

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