BackYard Chickens › BYC Forum › Social › Random Ramblings › Attention Lawyers or Legal advisers UPDATE on #23
New Posts  All Forums:Forum Nav:

Attention Lawyers or Legal advisers UPDATE on #23 - Page 2

post #11 of 44

The website that says it is under construction is a big flag. If this is a legitimate collection agency they would have a real working web site you would think. the 1820.00 needs to have a description at the very least.  The fines seem to be awfully high for the type of infraction also. I would want a break down of the original fine and interest rate.

A forgetfulness support thread http://www.backyardchickens.com/forum/viewtopic.php?id=465717
 2011 was the coldest summer in Western Washington's recorded history that started in 1891. Uf Da!!!

June 2012 was the coldest June in recorded history. I need some sun. 

Reply

A forgetfulness support thread http://www.backyardchickens.com/forum/viewtopic.php?id=465717
 2011 was the coldest summer in Western Washington's recorded history that started in 1891. Uf Da!!!

June 2012 was the coldest June in recorded history. I need some sun. 

Reply
post #12 of 44

As has been said, contact the Woodford County States Attorney and ask for any information on this alleged debt.  IFF there is anything that is actually owing, and you decide not to fight it, pay directly to them, not through the collection agency.  In the meantime, send a certified letter to the collection agency stating that you are unaware of any such debt, and requesting documentation.  http://en.wikipedia.org/wiki/Fair_Debt_Collection_Practices_Act says that they must provide this within 30 days, and may not contact you again until they have provided that information.  Their letter giving you 2 weeks is significantly less than the 30 day requirement.

Breeder & Exhibitor of fine silkies in recognized and project varieties.
adult and started pairs occasionally available;
   No eggs or chicks. 
Support your local poultry clubs, breed clubs, ABA & APA!

Reply

Breeder & Exhibitor of fine silkies in recognized and project varieties.
adult and started pairs occasionally available;
   No eggs or chicks. 
Support your local poultry clubs, breed clubs, ABA & APA!

Reply
post #13 of 44
Thread Starter 

Gave this post to hubby and first of all, he is going to work Monday and ask his supervisor for a day off, he works five am to five pm while the courthouse is from eight to five. So he knows it is so urgent and it bothers him alot.

And a certified letter will be sent out Monday and see what happens. I will demand a proof of those collections and we will make payments to the courthouse, NOT the collection agency if we feel if the charges are valid and within reason.

I do not know about the interest rates which it is pretty high I would imagine after 11 years or so not being sent a bill at all. I hope the kind staff of the courthouse will determine his reasons of not being at home, never got the bill nor letter forwarded to him in a timely manner.

Yes I agree with the website being questioned. They said we can pay online at that http site and it was fishy as they go. Glad we researched some more and they did have good standings with BBB for the time being.

I agree with Sonoran, the time limit is too short with no proof at all what they are collecting on.

I know the state of Illinois is really cracking down getting money out of people, ranging from late child support way up to uninsured drivers.

I am hoping we will settle with Woodford Co and see what we can come up with and the proof they have on hand. And if that 1800 dollars are the late fees, etc. we would see if we can fight it down to the original cost of the ticket, court fees before all that time has lapse to add up the interest. You would think that the counties would work together or flag drivers so they can not renew their plates, licenses or drivers license and lately, he got his motorcycle license and EMT license! Go figure! Me thinks that the staff has been lazy and now they are flagging past and present drivers for every penny they can get.

BYC Member since 4/11/2002 Welsummers and Champagne d'Argents

                                     WCNA & ASCA Member

Reply

BYC Member since 4/11/2002 Welsummers and Champagne d'Argents

                                     WCNA & ASCA Member

Reply
post #14 of 44

Thing about statues is they have X amount of time (depends) to CHARGE a person...

They have a citation listed, suspended registration... so they charged him with that crime, thus the whole statute thing doesn't apply.

Recently were called and told that a ticket I got right at 10 years ago was outstanding... that earned a great big what the heck... because the only time I've EVER set foot in that small town police department was to pay that fine!!  But, since it was 10 years back, no problems since, and we've moved several times... I no longer had the receipt, so I got to pay the full amount again.

The officer who called said that my ticket had been in a pile in a dusty drawer... along with ones from 2 years ago, 5 years ago... just a jumble... but, funny thing... very next day when I went in it was filed in a folder just like every other one... and the lady there was surprised to see that it had NOTHING else with it... every other one has SOMETHING... this one nothing... basically he pulled it from somewhere that it had been crammed (taken from file and all other attachments, like a receipt of payment!, were tossed just the ticket left) and created a new file folder for it as if it had just been written.

And, not a dang thing I can do because statute doesn't apply as they did charge me... and I can't prove I already paid it so pay it or go to jail were my options.

What's weird about your situation is that it's some outside agency doing it... not police, the city, courts... no licensed office... that just seems VERY odd... are they authorized to do that?  Collect city owned debts?  Particularly police matters?  Or, could this be some company that managed to get that info somehow and is trying to collect it and the city knows nothing about it?  I definitely wouldn't send them anything without checking with the city... and an attorney.  Something fishy... stuff like this is precisely why Warrant Roundups happen...

4 GSL 3 Yappy Dogs 2 Messy Kids & a Hubby I Love To Pieces.
Pineapple is the fruit of hospitality.  Beans, while musical, are not. 
Please join me in my One A Month NY Resolution http://www.backyardchickens.com/forum/viewtopic.php?id=434518
I am looking for Saphira Hatching Eggs, if you have any please PM me.
Reply
4 GSL 3 Yappy Dogs 2 Messy Kids & a Hubby I Love To Pieces.
Pineapple is the fruit of hospitality.  Beans, while musical, are not. 
Please join me in my One A Month NY Resolution http://www.backyardchickens.com/forum/viewtopic.php?id=434518
I am looking for Saphira Hatching Eggs, if you have any please PM me.
Reply
post #15 of 44
Quote:
Originally Posted by EweSheep 

Gave this post to hubby and first of all, he is going to work Monday and ask his supervisor for a day off, he works five am to five pm while the courthouse is from eight to five. So he knows it is so urgent and it bothers him alot.

And a certified letter will be sent out Monday and see what happens. I will demand a proof of those collections and we will make payments to the courthouse, NOT the collection agency if we feel if the charges are valid and within reason.

I do not know about the interest rates which it is pretty high I would imagine after 11 years or so not being sent a bill at all. I hope the kind staff of the courthouse will determine his reasons of not being at home, never got the bill nor letter forwarded to him in a timely manner.

Yes I agree with the website being questioned. They said we can pay online at that http site and it was fishy as they go. Glad we researched some more and they did have good standings with BBB for the time being.

I agree with Sonoran, the time limit is too short with no proof at all what they are collecting on.

I know the state of Illinois is really cracking down getting money out of people, ranging from late child support way up to uninsured drivers.

I am hoping we will settle with Woodford Co and see what we can come up with and the proof they have on hand. And if that 1800 dollars are the late fees, etc. we would see if we can fight it down to the original cost of the ticket, court fees before all that time has lapse to add up the interest. You would think that the counties would work together or flag drivers so they can not renew their plates, licenses or drivers license and lately, he got his motorcycle license and EMT license! Go figure! Me thinks that the staff has been lazy and now they are flagging past and present drivers for every penny they can get.


This sort of thing is normally public record, so you could do the calling for him and see if those case numbers add up to anything at the county offices.  You might be able to get some answers over the phone before taking off work and all that.

post #16 of 44
Quote:
Originally Posted by noodleroo 

I'm a clerk of the court in Texas; a District Clerk.  I can't advise you like an attorney but this is what I would do:  Call the Woodford County States Attorney's office and ask about the case number that was listed on the letter.  Ask what clerk's office the case if filed in so you can check on the fees later.  These days, courts are spending more time and effort on collections and in some states (like Texas) there is a statute that allows a collection company to keep the first 30% of the collection. 

If I thought I had an unpaid fine, I'd call the clerk's office and check to make sure that it was true and it was actually ME, and then I would ask to be transferred to the collection person in the courthouse that makes payment agreements.  I'd be really surprised if your courthouse didn't have a collection department.  That way if there is a warrant, you can make arrangements to pay and get the warrant recalled without being there.  I'm sure they really only want the money anyway. 

I know this is a pain, but you need to find out so you don't have it hanging over you.  There probably isn't a statute of limitations and chances are that the county just hired a collection agency in a blanket deal for all departments.  Good luck.


Yeah.. good advice. Shes sounds like a smart cookie.. big_smile

I prefer an ugly truth to a pretty lie. If someone is telling me the truth that is when i will give my heart. ~ Jack Nicholson 

Look! A ladder!! Maybe it leads to heaven, or a sandwich... 

Reply

I prefer an ugly truth to a pretty lie. If someone is telling me the truth that is when i will give my heart. ~ Jack Nicholson 

Look! A ladder!! Maybe it leads to heaven, or a sandwich... 

Reply
post #17 of 44
Quote:
Originally Posted by PunkinPeep 

Until/unless Woodford County decides to make this a driver's license blocker, Macon county wouldn't have any information on it.


I don't think that's true.

I renewed DH's car tags in April last year, they called our old county to confirm that we were paid up taxes and such.....
Nex month I go renew mine, and they call and say that we BOTH owe for the year that we moved out of the old county, so I couldn't afford to pay those fines and the cost of the tag renewal had to wait till the next payday.

It didn't show up in April because they failed to check hubby's FULL name. Apparently there are two Doug F's in their system and they didn't compare middle names roll But the counties DID have access to our old tax information and it DID prevent us from renewing until paid.

If backwoods Arkansas counties can communicate, seems like the rest of the world should be on track as well.

One thing is for sure. The price of a dead hen is a dead pred.
Trapping the trap-savvy raccoon
Reply
One thing is for sure. The price of a dead hen is a dead pred.
Trapping the trap-savvy raccoon
Reply
post #18 of 44
Quote:
Originally Posted by Tala 
Quote:
Originally Posted by PunkinPeep 

Until/unless Woodford County decides to make this a driver's license blocker, Macon county wouldn't have any information on it.


I don't think that's true.

I renewed DH's car tags in April last year, they called our old county to confirm that we were paid up taxes and such.....
Nex month I go renew mine, and they call and say that we BOTH owe for the year that we moved out of the old county, so I couldn't afford to pay those fines and the cost of the tag renewal had to wait till the next payday.

It didn't show up in April because they failed to check hubby's FULL name. Apparently there are two Doug F's in their system and they didn't compare middle names roll But the counties DID have access to our old tax information and it DID prevent us from renewing until paid.

If backwoods Arkansas counties can communicate, seems like the rest of the world should be on track as well.


I'm not from Illinois, so i don't know for sure, but things like tag renewal are normally in a different kind of system.  They have to be able to check state wide, in case you move or whatever.  It's a state fee you're paying, so it's in a state-based system.

But things like traffic tickets are normally more localized.  Some big counties put those records online, but many don't.  And even if all those tickets were reported to a state database (which is unlikely), it is also unlikely that one county's clerks would be in a big hurry to search this state database for records in another county.   They know that you would need to deal with that other county anyway and would refer you there for details.

Like i said, every county and state does things a little bit differently.  I just know how it was in my state as of about two years ago.


Edited by PunkinPeep - 8/7/10 at 9:27pm
post #19 of 44
Quote:
Originally Posted by PunkinPeep 
Quote:
Originally Posted by Tala 
Quote:
Originally Posted by PunkinPeep 

Until/unless Woodford County decides to make this a driver's license blocker, Macon county wouldn't have any information on it.


I don't think that's true.

I renewed DH's car tags in April last year, they called our old county to confirm that we were paid up taxes and such.....
Nex month I go renew mine, and they call and say that we BOTH owe for the year that we moved out of the old county, so I couldn't afford to pay those fines and the cost of the tag renewal had to wait till the next payday.

It didn't show up in April because they failed to check hubby's FULL name. Apparently there are two Doug F's in their system and they didn't compare middle names roll But the counties DID have access to our old tax information and it DID prevent us from renewing until paid.

If backwoods Arkansas counties can communicate, seems like the rest of the world should be on track as well.


I'm not from Illinois, so i don't know for sure, but things like tag renewal are normally in a different kind of system.  They have to be able to check state wide, in case you move or whatever.  It's a state fee you're paying, so it's in a state-based system.


No, this was a county tax that I was talking about. It goes to the local schools and emergency services and such, very local.

Our DL system for tickets is statewide, I don't know about individual tickets per se, but your MVR is state police, and tickets show up on that so they at least know you got them. Seems like putting an unpaid flag on them wouldn't be out of the question (we've never had that particular issue though).

One thing is for sure. The price of a dead hen is a dead pred.
Trapping the trap-savvy raccoon
Reply
One thing is for sure. The price of a dead hen is a dead pred.
Trapping the trap-savvy raccoon
Reply
post #20 of 44
Quote:
Originally Posted by PineappleMama 

Thing about statues is they have X amount of time (depends) to CHARGE a person...

They have a citation listed, suspended registration... so they charged him with that crime, thus the whole statute thing doesn't apply.

Recently were called and told that a ticket I got right at 10 years ago was outstanding... that earned a great big what the heck... because the only time I've EVER set foot in that small town police department was to pay that fine!!  But, since it was 10 years back, no problems since, and we've moved several times... I no longer had the receipt, so I got to pay the full amount again.

The officer who called said that my ticket had been in a pile in a dusty drawer... along with ones from 2 years ago, 5 years ago... just a jumble... but, funny thing... very next day when I went in it was filed in a folder just like every other one... and the lady there was surprised to see that it had NOTHING else with it... every other one has SOMETHING... this one nothing... basically he pulled it from somewhere that it had been crammed (taken from file and all other attachments, like a receipt of payment!, were tossed just the ticket left) and created a new file folder for it as if it had just been written.

And, not a dang thing I can do because statute doesn't apply as they did charge me... and I can't prove I already paid it so pay it or go to jail were my options.

What's weird about your situation is that it's some outside agency doing it... not police, the city, courts... no licensed office... that just seems VERY odd... are they authorized to do that?  Collect city owned debts?  Particularly police matters?  Or, could this be some company that managed to get that info somehow and is trying to collect it and the city knows nothing about it?  I definitely wouldn't send them anything without checking with the city... and an attorney.  Something fishy... stuff like this is precisely why Warrant Roundups happen...


We had a collections agency call about what ended up being a city parking citation from a couple of years previous that we had already paid (fortunately still had proof--checks can be wonderful things).  Stupid collections company didn't have a clue about what it was about or when...definitely not conforming to fair debt collection laws.  Didn't deal with them--dealt with the city directly.

Breeder & Exhibitor of fine silkies in recognized and project varieties.
adult and started pairs occasionally available;
   No eggs or chicks. 
Support your local poultry clubs, breed clubs, ABA & APA!

Reply

Breeder & Exhibitor of fine silkies in recognized and project varieties.
adult and started pairs occasionally available;
   No eggs or chicks. 
Support your local poultry clubs, breed clubs, ABA & APA!

Reply
New Posts  All Forums:Forum Nav:
  Return Home
  Back to Forum: Random Ramblings
BackYard Chickens › BYC Forum › Social › Random Ramblings › Attention Lawyers or Legal advisers UPDATE on #23