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Collection agency had me arrested today


pandmel
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I had a collection agency have me arrested today. They had good behavior warrants issued against me today. I have only sent them two faxes about resolving this matter and started a blog about the events.

The good thing is in my state them having me arrested opens up severe civil claims against them.

I guess they got upset because I figured out that they had a collection agent working from home with phone lines registered to them into her home.

You can see my accounting including the arrest warrants here.

Please tell me how you would precede??

Pandmel

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Just WOW! I had never heard of a "good behavior warrant". I would get a lawyer and give them a reason to be in fear...in a legal, you are about to lose your shirt in court kinda way! Good luck with this.

I wish they would have put the cuffs on me..

They did come to my place of employment and in front of coworkers and customers executed this warrant.

Pandmel

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Lawyers are not just for the guilty. You have been ARRESTED. That means CRIMINAL charges. You are not just talking about damage to a credit report. Does possible JAIL time worry you?

What are the charges? What charge or violation of the law were you arrested under? All you have here is what appears to be a warrant.

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The fact that you bonded out does not mean you cannot be thrown in jail.

I was forced to "post bond" to insure "good behavior" I dont see where I was charged with anything other than to insure I dont "harass" a collection agency.

It is all good they had no grounds to arrest me or cause me to post a bond. They realized they f__ked up and are trying to cover their own butt and have dug a deeper hole IMHO. I want the contrary position to say I have done somthing completely wrong and deserve this harassment. :p

It is just another claim now for me I think....

Pandmel

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OK, you weren't ARRESTED. You were served with a restraining order, prohibiting you from contacting the person on the order. Read:

Good behavior warrants can be issued in the Magistrate Court.

What is a good behavior warrant?

The Magistrate Court has the authority to issue good behavior warrants and require bonds for good behavior. A good behavior warrant may be obtained by any citizen who is concerned that the behavior of an individual may endanger the person or property of anyone in the issuing county. A good behavior is only good in the county where it is issued. The charge for the hearing of an application for a good behavior warrant is $10.00. However, in domestic violence cases there is no fee.

What if the offender violates the good behavior bond?

Should the offender violate the terms of the good behavior bond which prohibits certain conduct, the appropriate law enforcement agency should be called to report the violation. The victim should bring the incident report from the Sheriff's Department to the Magistrate Court and file a motion for sanctions.

BTW- if the order is made permanent at the upcoming hearing, you may well be prohibited from owning firearms. I would still recommend an attorney. You should be able to sue them for all your costs.

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You said they came to your work and cuffed you? That's a serious matter, if the restraining order was used simply as a mechanism to harrass YOU and they had nothing sufficient (like threats on the phone, etc) to ask for a legit order, then you have been DEFAMED, and very publically. I've seen jury awards for 10's to 100's of $K for this.

Get a lawyer because you need your rights protected, you need to have an "intepreter" in court who speaks judge speak.... last thing you need is to piss off a redneck GA judge and end up on a workfarm....and above all to set up all the grounds needed for a nice FAT civil suit for defamation.

Unless you're allergic to free money?

You may think you can handle it, but a lawyer setting up the defamation suit will know what to ask and how to lay the foundation in court correctly.

Since serious $$ is involved, a contigency based arrangement might be easy to find.

Above all dont do/say ANYTHING that can be remotely considered threatening or otherwise justify a restraining order or you'll blow the defamation by making thier act seem reasonable instead of the totally UNREASONABLE action it was.

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What the FK kind of hayseed moron of a judge would issue such a warrant?

It's a neat trick though, the collector got you to put $1K in a place they know where it is, so they can put a lien on it.

Nothing you did/wrote justifies this warrant, GA law is fk'd in the head allowing you to be socked with a $1K bail just to live free until the hearing.

I apologize, it's all my fault. My great grandfather is the one who talked Gen Sherman into NOT burning down the entire state. My bad ;-)

And so, what if you didn't HAVE $1K? or $100? You sit in jail until Feb 9th?

These people seriously need to be taught a lesson. And y the sounds of the kids in the background, YOU need to see to it they have the $$cake to afford GTech when college rolls around, so GUT'EM like a FKing PIG.

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Why do I need a lawyer?

Not asked disparagingly but do you think I have done somthing wrong?

Pandmel

No, but it's quite possible that this CA exagerrated or outright lied in order to obtain the warrant. And starting a blog about someone can be considered a form of stalking.

Fortunately, lawyers (and to a certain extent private investigators) get a pass to do a lot of what you want done without anyone questioning them.

Assuming the CA isn't a very convincing liar (and/or doesn't have the requisite parts of the judicial system in her pocket), an attorney can wind up being a very profitable proposition for you.

At this point, to do nothing would be cowardly. To try to do it on your own would be reckless.

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It would be wise to remember, a jury consists of twelve persons chosen to decide who has the better lawyer.

After reading stuff in legal research and writing classes, I've come to realize that "better" simply means more articulate and clever. This case is an example (though not credit-related): not only did the lawyer come up with a unique tactic, he won on appeal. The case apparently settled after remand.

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On another board, he states that he went down to the CA's offices to give them the ITS, so they had a restraining order placed on him.

A restraining order for following process? He was issuing an ITS which is legal process. As another said, what kind of hayseed judge signed this order?

Either that, or the OP is omitting some crucial detail.

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He was issuing an ITS which is legal process.

I'm not sure I agree with that statement. An ITS is an optional conveyance of information from one individual to another in order to settle a matter prior to its becoming a legal process.

This is clearly an issue of Georgia law, having nothing to do with debt collection. We need to be clear so that everyone understands; a debt collector cannot have you jailed for not paying a debt (pre-judgment). Something extraneous to the ITS letter happened here that we are not totally aware of.

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I'm not sure I agree with that statement. An ITS is an optional conveyance of information from one individual to another in order to settle a matter prior to its becoming a legal process.

This is clearly an issue of Georgia law, having nothing to do with debt collection. We need to be clear so that everyone understands; a debt collector cannot have you jailed for not paying a debt (pre-judgment). Something extraneous to the ITS letter happened here that we are not totally aware of.

Absolutely nothing happened other than me hand delivering a letter. I did not even say a word just dropped it off. I can assure you I would do nothing to put myself in legal peril such as creating a scene, threating or the like. As far as I know and can document the hand delivered ITS is the first they knew of impending litigation. I was actually given directions to their office by one of their collectors.

Actually this did not happen on the day that I delivered the ITS it happened a few days latter after I sent a fax to their office that was in no way intimidating or threatening other than service was to shortly follow after I redrafted my complaint after discovering their UNLICENSED office in Florida.

I was not going to post about this matter until after the hearing, but have discovered that a reader of this board has their own blog and referrers to me as a FOOL.

Why anyone would resort to name calling over a situation such as this is actually funny, but uncalled for. Agree or disagree that is fine but the FOOL is the one that makes statements such as those.

My actions have not hurt my case against them and their actions have only strengthened my case. My contention is they had the Good Behavior Warrant served barring me contacting them to stall service of process.

With that being said I will not post further about this until after the hearing. If you wish to contact me please use the PMs.

Paul

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A restraining order CANNOT restrain you from service of process. That would deny you your rights under the law. You need to understand that process is not an ITS, nor is it a dispute.

Process is a leegal term that includes things like subpoenas and the like. Sue away, a magistrate court cannot supercede a federal court if you sue for FDCPA and FCRA violations.

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