Central District Consumer Bankruptcy Attorney's Association

Hale,
I have had clients charged with fraud for bad checks (Note: I am not
talking about the "bad check diversion" program which is run by an
outside collection agency and yet uses the DA's letterhead and
imprimatur, I am talking about criminal fraud). A detective visited
my clients once or twice, asked a few questions, and they were then
mailed something from the D.A. notifying them they were being charged
with a crime and had to appear in court.
So in comparison, your client's law enforcement friend's practice
seems odd. At least with the LAPD, their practice has been short
investigation and then charges filed, end of story. No attempt at
collection whatsoever.
1489 E. Colorado Blvd. #207
Pasadena, CA 91106
(626) 507-8090
"Bankruptcy, Michael, is nature's do-over. It's a fresh start, a clean slate."
"Like the witness protection program!"
"Exactly."
On Wed, Jan 14, 2009 at 5:05 PM, Hale Andrew Antico wrote:
> Fair Debt Collection type question: A newly acquired client (not filed; no
> Auto Stay) which has wrapped up business is being visited by a detective
> from our local law enforcement. The visits have been frequent and harassing
> in nature, threatening criminal charges of fraud and bail. I don't
> understand why this cop with a business card doesn't arrest, and persists in
> the many contacts -- "when can you come up with the money?" -- if he really
> believes there is probable cause of a crime (fraud for taking funds and then
> not delivering product before the close of business?) being committed. Have
> any of you heard of this type of involvement of law enforcement in
> collections, or does it sound like a loose cannon doing a favor for the
> creditor using color of authority? Aside from a strongly worded letter,
> any input is welcome.
>
>

The post was migrated from Yahoo.

The client should obviously not speek with the detective other than instructing the detective to leave the premises and/or on the advice of counsel, that he will not be talking to the detective.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868
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On Wed Jan 14 17:05 , 'Hale Andrew Antico' sent:

The post was migrated from Yahoo.

I only wish local law enforcement would pay more attention to white collar crime. The closest I have ever seen to what you describe is the DA bad check letters. Mild by comparison. If harrasment is or becomes bad enough you always can explore obtaining a restraining order, but addressing the behaviour to the detective's superiors is more likely to stop the inappropriate conduct. Regardless of whether the detective is coming to the client's home or place of business, it is private property. Absent exigent circumstances or a warrant it would be private property that the detective has no right to enter uninvited. The client should obviously not speek with the detective other than instructing the detective to leave the premises and/or that he will not be talking to the detective on the advice of consel.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF
THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION,
DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY
US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS
MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
On Wed Jan 14 17:05 , 'Hale Andrew Antico' sent:

The post was migrated from Yahoo.

Fair Debt Collection type question: A newly acquired client (not filed; no
Auto Stay) which has wrapped up business is being visited by a detective
from our local law enforcement. The visits have been frequent and harassing
in nature, threatening criminal charges of fraud and bail. I don't
understand why this cop with a business card doesn't arrest, and persists in
the many contacts -- "when can you come up with the money?" -- if he really
believes there is probable cause of a crime (fraud for taking funds and then
not delivering product before the close of business?) being committed. Have
any of you heard of this type of involvement of law enforcement in
collections, or does it sound like a loose cannon doing a favor for the
creditor using color of authority? Aside from a strongly worded letter,
any input is welcome.
Fair Debt Collection
type question: A newly acquired client (not filed; no Auto Stay) which haswrapped up business is being visited by a detective from our local lawenforcement. The visits have been frequent and harassing in nature,
threatening criminal charges of fraud and bail. I don't understand why
this cop with a business card doesn't arrest, and persists in the many
contacts -- "when can you come up with the money?" -- if he really believes
there is probable cause of a crime (fraud for taking funds and then not
delivering product before the close of business?) being committed. Have
any of you heard of this type of involvement of law enforcement in collections,
or does it sound like a loose cannon doing a favor for the creditor
using color of authority? Aside from a strongly worded letter, any
input is welcome.


The post was migrated from Yahoo.