I have lived in Missouri for several years and at the end of 2007 I had major problems with a collection attorney in Ohio. A year before moving, I had a dispute with a bulk mailing company in Ohio. I never signed any contracts with them, they supposedly took care of some bulk mailing for me, but I later found out that most of the mailings were not delivered. I disputed a bill that was sent for these services and never heard anything more. Fast forward two years, and I am self employed in Missouri as an entertainer. An attorney from Ohio files a small claims case against me and has the paperwork sent to one of my clients that he must have found on my performance schedule. I receive the notice two days before the court date, try to contact the court house, faxed a letter giving the details of my residency. After the court date, my client once again receives my mail indicating that a default judgement has been rendered. I again try to contact the courts as I believe I was improperly served and the venue was incorrect. I then receive a notice of debtors exam in Ohio. I contact the court and the attorney because there is no possible way of me making a return trip to Ohio for this. The attorney sends me a letter that the court forwarded him my objections and that if I do not show up for the examination or make a one time settlement payment, a warrant will be issued for my arrest due to contempt of court. I paid the settlement amount , I had made an appointment with an attorney, but the earliest I could get in was a week after the debtor's exam date. I think this entire situation was handled incorrectly by the collection attorney. Is there anything I can do? Were collection laws violated?
Business debts don't have a lot of protection under the FDCPA. But did or do you expect to be in Ohio at all? The contempt problem in Ohio would be just that ... a contempt problem in Ohio. No harm done in Missouri unless and until the judgment gets domesticated to Missouri or filed in Missouri under the UEFJA. I know it could be awkward to have an Ohio arrest warrant hanging around, but I think you may have allowed it to have a disproportionate intimidating effect.
They aren't covered at all. But, of course, that is what they have to be shown to be. Most people don't figure that they have to operate with rules like, "Oh, I've got to stay out of Florida, Wisconson and Ohio since if I go there, they will lock me up."
Incorrectly? They won. They scared you and you paid. What was incorrect about that? This is what they do. They don't do anything else. If you wanted to fight them, you probably should've done that before paying them. Of course that means you might end up in some jail. I guess if you are serious, there can be a price.
Did you contract for this bulk mailing service as a business or personally? This makes a difference. If you did contract as a business, what ownership structure were you under (LLC, Sole Proprietor, etc.)
