Pacific States Credit Co.

Discussion in 'Credit Talk' started by ontrack, Feb 22, 2006.

  1. ontrack

    ontrack Well-Known Member

    If you are asked to pay money you don't think you owe, just a reminder of how much you can trust a debt collector.

    I saw this posted here:
    http://www.artofcredit.com/board/showthread.php?t=30590


    Original article:
    http://www.azcentral.com/community/ahwatukee/articles/0222lienfraud0222.html

    "...
    Court records in Orange County, Calif., show that McCoon sent demand letters to escrow officers, offering to release the liens upon payment via wire transfer into his bank account.

    He also sent homeowners documents titled "summons and complaint," along with copies of the liens, giving some the impression that they were being sued. But records showed the "summons" was never filed with the court.

    "He doesn't give people an opportunity to prove the debts are valid. He files the liens as an opening salvo," said Leslie Young, Orange County deputy district attorney. "Eight of our victims never owed anybody any money in their lives."

    Young has charged McCoon with 148 felony counts stemming from liens he filed against 144 homeowners in Orange County from 2003 to 2005.
    ..."
     
  2. ontrack

    ontrack Well-Known Member

    Earlier:

    http://www.cob.uscourts.gov/opinions/strecker.PDF

    "...
    Mr. McCoon indicated that Pacific States usually files motions to produce documents under Fed.R.Bankr.P. 2004 in the bankruptcy cases in which Pacific States has become a successor-in-interest to a ââ?¬Å?bad checkââ?¬Â claim. This process purportedly enables Pacific States the opportunity to determine whether it (or he, Mr. McCoon) will pursue a cause of action under 11 U.S.C. Ã?§Ã?§ 523 or 727. However, it is evident that Pacific States did not, in this case, even wait to attendââ?¬â?or actually attendedââ?¬â?the Ã?§ 341 meeting of creditors, or informally contact Debtorââ?¬â?¢s counsel before filing the Rule 2004 Motion. More likely and perhaps as an intended consequence, under the circumstances such as these, the motions to produce documents and supply information under Fed.R.Bankr.P. 2004, tend to harass, intimidate, and/or coerce debtors into (a) summarily seeking unwise or forced settlements, (b) incurring unnecessary and burdensome attorneyââ?¬â?¢s fees and other costs, or (c) paying off Pacific States to avoid a trial, or complete denial of a discharge. This Court simply cannot permit carte blanche authorization to Pacific Statesââ?¬â?¢ ââ?¬Å?fishing expeditionsââ?¬Â without some alleged conduct, or other facts, which could lead to a cause of action, beyond the mere fact that a debtor has filed bankruptcy long after the writing of a de minimus ââ?¬?bad check.ââ?¬Â
    ..."
     

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