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-   -   Collection (extortion) Agency Bullshit! legal advice is welcome (https://www.homemadeturbo.com/general-discussion-6/collection-extortion-agency-bullshit-legal-advice-welcome-77894/)

traff1c 05-16-2007 04:31 AM

Collection (extortion) Agency Bullshit! legal advice is welcome
 
Heres the story in short, Sold my 4-Door EF to a Co-worker back in Oct. 2006, filled out the liability release form and mailed it out that same day. My coworker (without me ever knowing)never registered the car, turned around and sold it to his friend 3 weeks later, his friend then sold it to another friend who is illegal and has no license, of coarse the vehicle again was not registered.

At the end of December i get a letter from the Orange County Sherriffs office, letting me know that on DEC 26. 2006, the vehicle was pulled over and impounded for non licensed driver. I called the office and let them know i no longer owend the vehicle. Then on Jan 15 2007 I get a bill from the tow truck company, they want me to pay $263 for towing, plus $1,107 for storage fee's, I call the tow truck company and let them know that i sold the vehicle back in OCT 2006. they didnt care

3 days later i get a letter notifying me that there is a lien placed on the car and that it will be sold at an auction on Feb 5 2007, Of coarse i didnt give a ----, i sold the car, cleared my name, and its the new owners responsability right?

Well a few months pass by and it is now May , and last week (may 7)I get a collection Notice in the mail, Apparently the towing company still wants its money, that i dont ------- owe them, the balance is now $1500 and the letter says it must be paid in full by MAY 15 2007, on May 9th I call up the company and ask to speak to the manager, I tell him my story, and he doesnt give a ----, he says i still owe the balance because I am the last person to own the vehicle, and that it was still under my name, so he tells me I am liable for all parking tickets, towing fee's legal fee's etc etc. At this point i insist that i sent out the release of liability form to the DMV, He then tells me that his records show that the DMV never got it, SO i am pressumed liable for the debt. Then he tells me that he can settle the debt for 1300 if i pay it that day, he starts asking me for my credit card number, at this point im pissed, and tell him im not paying them a dime, He says that if I dont pay it in full I will be taken to court and sued and that he will ruin my credit, At this point im pissed, So i tell him im not planning on paying the debt, and that they sound like a bunch of extortionist to me, he then tells me that his attorney will start filling the paperwork for legal action,

Well this was on weds. the 9th and the bastards have been calling me and leaving messages on my cell phone everyday. Ive been stressed out everyday after recieving the notice but i finally got a chance to go to the DMV on monday, I told the clerk my story and he printed me out a "Registration Information Request" of coarse it cost me 5 bucks but that piece of paper states that the release of liability was registered with them on OCT 19 2006.

So now my question is this, What should I do now that i have the document that clears my name? Fax the collection agency a copy of the document so i can stop beeing harrased? Do absolutly nothing? If i am sued, go to court with the document, will most likely win right, Then file a countersuit for harrasment, defamation of character, and punitive damages resulting from stress?

Your opinions are highly valued as i dont know what the best method for resolving this issue would be, I checked my credit report about 3 weeks ago and this hasnt been reported yet.

buk9tp 05-16-2007 05:16 AM

Re: Collection (extortion) Agency Bullshit! legal advice is welcome
 
record all the conversations record all the emails and take THEM to court and sue em for emotional damage and stress damage O0

shut em down O0

Guy-Fast 05-16-2007 05:19 AM

Re: Collection (extortion) Agency Bullshit! legal advice is welcome
 
Go down to the tow company with someone and show them the release information. If they dont back off and say you still owe them etc etc



Its lawyer time or atleast consult one.



Your in the clear but companies like tow places make a living screwing people on stuff like this so even though your not at fault you have to handle it




Rule of thumb go into the dmv with the person and transfer the titles if the car will be driven on the streets the day you sell it.I did a quick flip on a car when i lived in Vegas and the guy was pulling I dont have the money for registartion, I paid for it just so I wouldnt have to deal with stuff like this. Also if its a junk car who cares California dmv will throw junk title on any car without back registartion of course for the cost of FREEE

WTF 05-16-2007 06:08 AM

Re: Collection (extortion) Agency Bullshit! legal advice is welcome
 
tell them you have a papaer that clears you and you will give them $400 right now for your car back get or they can junk it get it all in writing (im assuming the car is still drivable and worth more then $400)

Xgenturbo 05-16-2007 09:46 AM

Re: Collection (extortion) Agency Bullshit! legal advice is welcome
 
Go try to rationalize with them because since its a collections notice then you're messing up your credit history. If they still want money go get a lawyer.

stillnoturbo 05-16-2007 10:09 AM

Re: Collection (extortion) Agency Bullshit! legal advice is welcome
 
Change your voice mail to saying ...this is ghetto d and I no longer live in the US and was deported to Tijuana. Mucho gracias pinche pendajo. 8) Yes actually say Ghetto D instead of Albert.

BLACKSI 05-16-2007 10:24 AM

Re: Collection (extortion) Agency Bullshit! legal advice is welcome
 
i was sent to collections for some bullshit. after a year telling them that i didnt owe any mony and the the place that sent them after me never contacted me before hand, they still didnt care. So I talkled to lawyer friend of mine he sent one letter never heard from them again and had no marks on my credit score. basicly get a lawyer the collection agency can only screw you if you let them

beaker 05-16-2007 11:25 AM

Re: Collection (extortion) Agency Bullshit! legal advice is welcome
 
the tow company just wants their money. and your name is the only one they have. that release of liabity is proof that your not responsible. so show him that, then give the name, phone number, and address of the person that YOU sold the car to. its their fault they didnt register it to begin with. had a similar thing happen to me. guy didnt register, took out a loan with his employer with the car as collateral, got fired before he paid half of it back, cars gone and still in my name. but if they take you to credit after you show them that paper, then yes. sue them for the credit and court fees. unless the tow company starts to do drastic things(show up at your house, touch you in a threatening way, or speak to you in a threatening way) your not gonna get any sort of "emotional duress" claim. when people claim that it tends to piss the judge off(he'll know if your seeking justice, or if your trying to take advantage of the system) and it may sway the judge to the other side.

it is somewhat your fault(just like it was mine) that you didnt make sure the guy put the car in his name. for all they know you let an illegal drive your car. first i would try to negotiate with them. since the car is still in your name, you can come back owning the car for cheap. tell(dont threaten them) the tow company that by taking you to credit, you will be forced to file suit against the company. explain to them that the legal fees for him will be more than is owed on the car. then see if you can buy the car back for uber cheap. the company does not want to take this to court. that means the boss has to take a day off and spend in court. i would offer him the tow cost. they do need to pay for the gas/labor to take the car their, but i wouldnt give them much more than that. the more you give them the more profit there gonna make.

id say give them $300 dollars. that way they arent out of any money, but you can kick them a little extra. and now you bought your old car back for 300 bucks. then sell it again for profit.

G2turbo_terror 05-16-2007 12:04 PM

Re: Collection (extortion) Agency Bullshit! legal advice is welcome
 
So they threatened legal action 7 days ago but you haven't heard from a lawyer yet, only harrassing phone calls. They don't have jack on you and they know it.

Now that you have proof that you didn't own the car its up to you how you want to settle this but I'd rather do it in person >:D

jinxy 05-16-2007 12:59 PM

Re: Collection (extortion) Agency Bullshit! legal advice is welcome
 
let them take you to court and pay legal fees and for the attorney, then bust out the release of liability 8) then sue them for harassment :6

BOOSH! :7

jinxy 05-16-2007 01:01 PM

Re: Collection (extortion) Agency Bullshit! legal advice is welcome
 
and why do you guys keep mentioning getting the car back? it was sold at auction, or so it says.

beaker 05-16-2007 01:13 PM

Re: Collection (extortion) Agency Bullshit! legal advice is welcome
 
not reading it again, but i thought that it said it was going to be auctioned.

but like i said, if he hasnt touched you in a threatening way or or threatened you verbally, you have no case in harrassment.

AgentMurdoc 05-16-2007 01:15 PM

Re: Collection (extortion) Agency Bullshit! legal advice is welcome
 
keep a log of all their phone calls and then counter sue them for harassment

stillnoturbo 05-16-2007 01:28 PM

Re: Collection (extortion) Agency Bullshit! legal advice is welcome
 
Tell them your whole family is in MS13. :8

Donald125 05-16-2007 04:27 PM

Re: Collection (extortion) Agency Bullshit! legal advice is welcome
 
I woiuld sent them a certified letter, sent them the proof and tell them not to contact you again.
Or
like RAWR said, wait until they finally sue you (which I highly doubt, my brother owe almost 10 grand and nothing happened even after we got a letter from the lawer) then pull out ur proof at the last minutes at the court just to piss them off and cost them more $$

beaker 05-16-2007 04:37 PM

Re: Collection (extortion) Agency Bullshit! legal advice is welcome
 
i still say flash $300 cash in his face and tell him you want to buy the car from him. if you do that get it in writing(make sure to include the car, amount given, and that you both call it even) then you have another car to do with as you please

jeffescortlx 05-16-2007 04:41 PM

Re: Collection (extortion) Agency Bullshit! legal advice is welcome
 
I went through the same thing. Sold a car, few weeks later that person sell's it to some one else. That person abandoned it in a parking lot some where. Get's towed and impounded. They try to collect from me, told them I sold it, they say they dont care, it show's it's still in my name.
But I filled out the DMV online registration ownership change the day I sold it, but for what ever reason it did'nt show on the impound lot computers. So I had to go to the DMV, have them print out the papers and stamp it offical, then I hand delivered it to the impound. They took the paper and said I was no longer responsible. Never heard from them again.

But I did'nt wait for it to go to collections, I took care of it right away.

But I did think about paying the $300 fee and taking the car home to strip it, after all they said it was my car.

theebluecrx 05-16-2007 05:14 PM

Re: Collection (extortion) Agency Bullshit! legal advice is welcome
 
Ive always taken them to the dmv and transferred ownership or asked for proof of registration after collecting the money and all i give them is a bill of sale before handing over the title.There are certain laws that change from state to state about harrasment for collections.I know here in fl a few people have gotten thier debt erased since the collection agency broke the law.If you have the correct document that clears you try to contersue and get paid for all your hassle.

fork 05-16-2007 07:33 PM

Re: Collection (extortion) Agency Bullshit! legal advice is welcome
 
Show the tow truck company the release thing, sow the release thing to the collection company, and if they don't stop immediately contact a lawyer explain the situation he will have one of his college student interns write a letter, charge you 1-200 bucks, and then that should take care of it. its better than having your credit ruined, you can try and sue them but that will cost money to get money blah, but don't let 200 bcks for a lawyer ruin your credit

traff1c 05-16-2007 08:51 PM

Re: Collection (extortion) Agency Bullshit! legal advice is welcome
 
1 Attachment(s)
The vehicle was actually sold at auction on FEB 5. I actaully called the towing company on more than one occasion, the first guy didnt give a ----, then i called again and some lady said that as long as i had mailed out the release of liability i was ok, that it was just protocal to notify the last registered owner.

That brings us to today. I am now dealing with a collection agency not the towing company. The reason I am pissed off at the agency is the fact that on the first call i made to them to dispute the validity of the debt, the ------- over the phone tells me that his records show the DMV never received the release notice and thats why I am being billed. He imediatly asks me if i am ready to pay the balance in full or schedule a paymanent plan and thats when i tell him im not paying a dime. He tells me that the attorneys are about to draw up the paperwork to take legal action to collect the debt and that this will ruin my credit. I explain to him that I sold it to a coworker, he sold it to a friend etc etc. He tells me that they will settle for 1300, if i pay it over the phone that day, and that he will tell the attorney to stop the paperwork, and write me a letter explaining the sitiuation, so i can turn around and sue the person i sold it to, At that point i had enough of his bullshit and i told him if he was aware of the fact that that is extortion. I tell him im going to get to the bottom of this and hang up.

So what is happening here is that they are trying to use pressure and scare tactics into making me pay for this ---- as quiclkly as possible, because they think Ill get scared and pay it, but thats where theyre wrong, see i did my homework. I went to the DMV and got a registration printout and the ROL was posted on OCT 16 2006, thats 2 and a half months before the car was impounded.

Attachment 27140

SO now either the collection agency stops calling, cancels the debt, removes anything negative in my credit, pays me my 5 dollars for the form i bought from the DMV and appologizes for wasting my time and yours I will leave it alone. If those bastards do not oblidge, then i will waste their time in court.

that poor EF is probably thinking, "God Dammit, Why do beaners keep buying me?"

Darkelvis 05-16-2007 10:20 PM

Re: Collection (extortion) Agency Bullshit! legal advice is welcome
 
tell them to ---- off, keep ALL of the messages, record all phone conversations. if they threaten you with legal action, hang up, 99% chance nothing will ever come of it. if they do bring you to court bring your paperwork that states that you don't own the car and file a countersuit for harrassment using your recorded messages and conversations as your evidence. :)

Oscar 05-16-2007 10:25 PM

Re: Collection (extortion) Agency Bullshit! legal advice is welcome
 
sue THEM for emotional distress. They harrased you when you called and when they called all while you were not even responsible for any of it.

Shut them bitches down.

MikeJ-2009 05-17-2007 12:22 AM

Re: Collection (extortion) Agency Bullshit! legal advice is welcome
 
Towing companies are the biggest crooks there ever were. Unless they can prove in court that you owe them money, no collection agency means ----, none of thier words mean ----, and they can't DO ----. Unless someone serves you with court papers, I wouldn't even think about the ----. Even if they did, you have the papers to clear yourself. They're just mad cause they couldn't get more than $150 for the car at the auction.

---- towing extorsionist fuckfag nigglet bastards.

buk9tp 05-17-2007 12:25 AM

Re: Collection (extortion) Agency Bullshit! legal advice is welcome
 

Originally Posted by Stealthmode
---- towing extorsionist fuckfag nigglet bastards.



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