On the bottom of a collection notice from a collection agency they have printed " by submitting my payment, i understand that i am submitting a plea of no contest to the charges against me with regards to this case. i waive my right to a jury and to appeal. the enclosed amount is to be applied toward payment of this fine." This is a collection agency not a court order. Im located in michigan if that helps. one of the michigan prohibited acts is Sec 2. a regulated person shall not commit the following acts: B.use forms or instruments which simulates the apperance of a judicial process. D.use forms that may otherwise induce the belief that they have judicial or official sanction. i. the legal status of a legal action being taken or threatened. ii. the legal rights of the creditor or debtor. Im not sure im reading these laws right. Thanks for any help clearing this up.
I think you are correct....they don't have the authority to take a "plea". Kangaroo Court? Sounds like a violation of FDCPA §807 (9). Sounds like an easy Fed law suit with a quick settlement. But, I'm new at this. § 807. False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval
Thanks that's what I was thinking. This company also calls me 2 or 3 times a day. Sometimes it will be 5 minutes after their first call. I've been thinking I need to find out what is considered harrasment too.
"No contest"? The "charges against you"? Those are terms utilized in a CRIMINAL case, not a CIVIL case. With a civil case (debt) you are not "charged". There is no criminal judgment (e.g., finding of guilt, plea bargain, etc.). With a civil case, you are sued. You can be found "liable". Sounds to me like something fishy is going on here ...
Is this by any chance for a traffic or parking ticket or something like that? If so, I can see the wording being use. It's like by paying a fine you are admitting guilt.
Its for a ticket in another state on a diffrent drivers license. But the letter clearly states they are a private company contracted to collect the money. I would have to believe its still not legal for them to act like they have any legal powers or judical power.
