• Report: #234388

Complaint Review: Unifund CCR Partners - Unifund

  • Submitted: Sun, February 04, 2007
  • Updated: Mon, June 11, 2007

  • Reported By:Arlington Texas
Unifund CCR Partners - Unifund
10625 Techwoods Circle Cincinnati, Ohio U.S.A.

Unifund CCR Partners, Unifund Filed suit in CA on TX residents by serving son with his SSN - SOL run. ripoff Cincinnati Ohio

*Consumer Suggestion: LakeCountyRecovery@Verizon.Net

*Consumer Comment: Thanks for the responses, guys!

*Consumer Comment: Service of Process

*Consumer Suggestion: M

*Consumer Comment: Unifund tried this with my family, too!

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In July 2005, Unifund lawyers in San Diego sued my wife and I, residents of TX for over 40 years, in San Diego, CA. Unifund claimed a breach of contract on an alleged credit card debt of over $9000 plus interest from May 2001, late charges and attorney fees.

Unifund obtained my son's Social Security Number and served him in Sept 2005 at his office in San Diego. My wife and I were not served and we did not appear or file an Answer. My son hired an attorney and had the case dismissed because my son was not the Defendant in the Complaint which contained false statements.

Prior to the lawsuit, my son was harassed by Unifund Reps at work and at home from March through June 2005. My son repeatedly told the Rep that the account was not his and that he was never on the account. The Rep always replied that my son's SSN was on the account.

This account originated about April 1970 and Unifund purchased the alleged debt through a later Assignment. My son was only three years old in 1970. Misuse of my son's SSN adversely affects him by higher interest rate quotes for loans and mortgages.

The Rep told my son that the last payment was made in May 2001 but changed the date to August 2001 after realizing over four years had passed. Unifund refused to furnish my son with any paperwork or validation of the debt. Unifund violated several provisions of the FDCPA in its collection attempts.

From the San Diego County Court Index, I counted nearly 300 cases filed by Unifund in the Year 2005. This litigation is by one predator operating in one county. If my case is any guage, how may of the nearly 300 cases were time-barred from court action?

Arlington, Texas

This report was posted on Ripoff Report on 02/04/2007 09:53 PM and is a permanent record located here: http://www.ripoffreport.com/r/Unifund-CCR-Partners-Unifund/Cincinnati-Ohio-45242/Unifund-CCR-Partners-Unifund-Filed-suit-in-CA-on-TX-residents-by-serving-son-with-his-SSN-234388. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report.

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#1 Consumer Suggestion


AUTHOR: Frankie - (U.S.A.)

This is what you will need to do, file complaints with the Attorney General of your state and there(unifund) state, also file with the BBB. They see if they reported to your 3 major credit reports, I bet you a thousand bucks they pulled your credit reports with out permission, that's another way to smack them back, then file a do not call from the web site. Then last but not least the FTC.

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#2 Consumer Comment

Thanks for the responses, guys!

AUTHOR: Marvin - (U.S.A.)

Thanks so much guys! Here are some updates:

J in Lakewood: Our attorney has filed a motion to vacate the judgment, but Unifund's attorneys have indicated they intend to fight it. I don't see how they can - it is clearly filed against about 17 rules of law.

I did some research into the Sessoms and Rogers firm - collections appears to be their thing. A recent check of a nearby county showed 17 outstanding suits in ONE SESSION of court by these guys, representing a number of collection agencies.

Larry in CA: I read your reply to my other one as well. Thanks for the advice. Unifraud's lawyers seem to want it both ways: by responding late, we proved we received the service, but if we don't respond at all, they get a default judgment anyway!

I just don't see how it can stand up - the lawyers provided my attorney with a copy of the return receipt signed by my mother-in-law. I can't get past the irony - they are providing evidence that my wife didn't actually receive it first hand, yet they want to press on with the suit!
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#3 Consumer Comment

Service of Process

AUTHOR: Larry - (U.S.A.)


I used to be a process server in Arizona. What follows may or may not apply due to differences in state laws.

When I served a summons and complaint (process) upon a party, that gave the court jurisdiction over the defendant. I had to make sure that the party understood that I was there in an official capacity as an officer of the court and that the papers I served him with were from the court.

If someone other than the defendant accepted the process, I had to ascertain for myself that the defendant actually resided at that address before I could leave the papers with that other party. In your case, had your mother-in-law said that you and your wife resided elsewhere, I could not have lawfully left the process with your mother-in-law.

Service of process by registered mail is a real quagmire. Your mother-in-law certainly did not understand what the letter was and had no opportunity to ask anyone. She probably thought she was doing you a favor by accepting it. Since she was not the defendant I cannot imagine how her acceptance of the letter addressed to you could be construed as legal service.

You have been deprived of notice of the lawsuit against you and deprived of an opportunity to respond by the actions of someone who was not party to the lawsuit and may have no legal capacity to accept process for you.

The way I see this is there are at least two or three separate issues that could be raised. First is the insufficient process itself, as I discussed above. A second, but related issue, is whether the court ever had jurisdiction over you if you were not properly served. In Arizona, the issue of jurisdiction may be raised at any time.

Unlike most other issues, it may even be raised for the first time on appeal. Finally, you mentioned that a previous lawsuit against you by the same party had been dismissed. Depending upon the reason for the dismissal, the second lawsuit may have been barred by the fact that the plaintiff already had his day in court. I think this is referred to as collateral estoppal. The lawyers like to say that you only get one bite at the apple.

The advice from J from Lakewood seems pretty good. I hope you follow up on it.
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#4 Consumer Suggestion


AUTHOR: J - (U.S.A.)

contact the court that issued the judgement.

show where the case was dismissed with the correct address and how they filed on an old address to get a default judgement.

file a bar assoc complaint against this lawyer and also file complaint with the state attorney general in both states as well as the ftc.

File a motion to vacate the judgement and file a countersuit agaist both the collection agency and lawyer.

A collection lawyer can be sued and are to follow the FDCPA and a 2nd or even 3rd party can be held liable for the action of the first party

I'll get back to you in a day or two with the statue and case law to help you out.

I'm not an attorney so whatever you look up on the internet check agaist your state laws and rules

to get started google creditinforcenter, debt collection lawyer and barrylawfirm all these sites have real good information that can help you
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#5 Consumer Comment

Unifund tried this with my family, too!

AUTHOR: Marvin - (U.S.A.)

Last June, my wife received a notice from a Sessoms and Rogers law firm in Durham, North Carolina, stating that they were trying to collect an old credit card debt now owned by Unifund.

We wrote a dispute letter, but the lawyer filed an action anyway. We contested the action and it was dismissed.

Five months later, this firm filed again at my wife's old address in her hometown, but this time they filed by certified mail. It is a small town, and the postman realized it was for my wife, so he notified her mother, who signed for the certified letter. But my wife's mother (who is 80) tossed it aside and sent it to us after the time to respond had passed. A default judgment was entered, and by the time we responded, the law firm had already enjoined the sheriff to enforce the judgment.

Here's where it gets REALLY shady - when the sheriff went to serve the judgment, her served my mother-in-law, since she signed for the letter. So now Unifund through their slimy lawyers is trying to enforce the judgment against my mother-in-law even though she is not the defendant!

Wow - hard to believe this is allowed to go on in America...
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