A funny story

suijuris · #1 09-24-2003, 11:08 PM

I have a friend (who will hopefully be joining us soon) that told me a very funny story today. I though everyone would enjoy it, so here goes.

My friend is being sued by a debt collector (he did not use the UCC process) for a measly $1500 alleged debt. Of course he sent them debt validation request, which were ignored.

Anyway, in preparing for court, he realized that the debt collector was chartered in Nevada, and not registered to do business in his home state. According to the law in his state, a company must register to do any business in that state.

So, here is where he got creative. He got a 3rd party to go and register that name in his state. He says he cannot wait until court day, when he gets to tell the judge that this debt collector is not registered to do business in the state, and are using the name of another party!

I told him if they are mailing out claims/invoices and filing court paperwork in another parties name, smells a bit like mail fraud to me...

I don't know if it will work, but it sure as heck made me laugh nice and hard! A great example of creative thinking.

suijuris · #2 09-24-2003, 11:08 PM

I have a friend (who will hopefully be joining us soon) that told me a very funny story today. I though everyone would enjoy it, so here goes.

My friend is being sued by a debt collector (he did not use the UCC process) for a measly $1500 alleged debt. Of course he sent them debt validation request, which were ignored.

Anyway, in preparing for court, he realized that the debt collector was chartered in Nevada, and not registered to do business in his home state. According to the law in his state, a company must register to do any business in that state.

So, here is where he got creative. He got a 3rd party to go and register that name in his state. He says he cannot wait until court day, when he gets to tell the judge that this debt collector is not registered to do business in the state, and are using the name of another party!

I told him if they are mailing out claims/invoices and filing court paperwork in another parties name, smells a bit like mail fraud to me...

I don't know if it will work, but it sure as heck made me laugh nice and hard! A great example of creative thinking.

Ice · #3 09-25-2003, 12:08 AM

What is really cool about those that are not registered as you describe... you can get judgments on 'em easy.

If you file suit in court against a business that is not registered in your state to do business... you serve the Complaint/Summons on YOUR SoS.& They will attempt to locate the companies agent in their records.& No agent?& Oh no... too bad!!& The SoS will hang on to the Summons until the correct party comes to retrieve it.

After 30 days, you get a default judgment that ANY state will honor.

.

Ice · #4 09-25-2003, 12:08 AM

What is really cool about those that are not registered as you describe... you can get judgments on 'em easy.

If you file suit in court against a business that is not registered in your state to do business... you serve the Complaint/Summons on YOUR SoS.& They will attempt to locate the companies agent in their records.& No agent?& Oh no... too bad!!& The SoS will hang on to the Summons until the correct party comes to retrieve it.

After 30 days, you get a default judgment that ANY state will honor.

.

suijuris · #5 09-25-2003, 12:51 AM

Yep, so I have heard!

suijuris · #6 09-25-2003, 12:51 AM

Yep, so I have heard!

Jerseee · #7 09-25-2003, 07:52 PM

Great story.& Maybe a strategy we can use as part of our investigative process on these CCCs--I know it will be part of mine if I need it.

Jerseee · #8 09-25-2003, 07:52 PM

Great story.& Maybe a strategy we can use as part of our investigative process on these CCCs--I know it will be part of mine if I need it.

suijuris · #9 09-25-2003, 08:30 PM

The other thing my friend plans to do is let the debt collector know he will be contacting individuals that they have placed leins agains in his state to let them know the score.

&

suijuris · #10 09-25-2003, 08:30 PM

The other thing my friend plans to do is let the debt collector know he will be contacting individuals that they have placed leins agains in his state to let them know the score.

&