Complaint

+1
Debra M. Persiano
Country: United States
I got a call today at home from a man stating he was a process server for Collin County DA's Office and he is with the Sheriff's office and needed to come serve a warrant on me.  I was shocked and asked why?  He stated do you live ....are you still at this address are you now at this address and I stated who are you?  He again, stated he was from the county going to serve court papers on me today. He gave me a toll free number for what he stated was the county's office which is 1 866.872.6116 gave me a case no. which he called a Cause No. 008307-TX. I called the number was transferred to a Mr. Fisher's office who stated that law suite in the amount of $6,214.24 was filed in Collin Co., Tx and that warrant was out for me.  He then after back and forth said let me get more information from my secretary and state this was for an outstanding debt in from Capital One a credit card that I obtained several years back and had disputes over interest charges etc.  He stated that if I did not want to go to court or jail that I could pay $1,951.00 in full by end of business today and this matter could be cleared up.  I explained that I recently lost my job etc.  Anyway, he stated that I needed to call him back by EOB today or they will serve the papers.  Ok, so that was a heads up for me.  I called the DA's office nothing is filed on me as of today, after searching PMG it is clear that they do not practice best practices for collections and have been in trouble for this before back in 2004.  I need someone to give me advise. I want to pay off my debt, I don't want this type of collections to continue this upset me, made my blood pressure raise, this type of collections are not the right thing to do.  Had they called and ask to make arrangements or give me an opportunity to clear the matter, rather then threaten me by taken legal action, or harassment stating they are sending a sheriff over today.  This is wrong, bad business, and should not continue this company is bad news.

Comments

  • 0
    question for Michael
    Michael, I am not being combative here so please respond. First off, the 'defendants' have paid some funds to their attorney, but I have been told that he is still asking for money and they claim not to have any more until the FTC releases some. I was told by an attorney that they cannot fire a client while there are hearings pending. There always seem to be hearings pending. Possibly that is why their attorney is still with them? I do wonder though because they seem to be deposing people and really making an effort to be in CA. Why would they do that if they are not getting paid?
    does it seem to you that Elizabeth Read has taken over as their prime attorney? if so do you have any thoughts as to why that is? she was not their main attorney in the beginning, but rather John Markham seemed to be.
    I have wondered if they are fighting so hard to get some money released in order to pay the attorney fees. Since their chances of getting any funds released is slim at best, I do wonder why everyone is working so hard to defend them for no pay.
  • 0
    Michael
    It can be difficult for an attorney to withdraw as counsel, but from my experience, pending hearings are not the determining factor.  The withdrawals that i have seen are usually by stipulation or the attorney claims a "breakdown' in the attorney-client relationship, kinda' like "irreconcialable differences" in a divorce.

    Further, it is my understanding that John Markham and Elizebeth Read may be married to each other.  They have represented in the past the they were at a family gathering together, whcih would seem to indicate some sort of relation.

    As for being out here, I beleive that in the recent declaration of John Markham filed in the FTC action, he states he is handling another criminal matter in LA and asked for a continuance/extension of the discovery cut-off.  This would explan their presence out here.  Further, their "representation" at this point appears to be limited to negotiating a settlement in the FTC action.

    The real question is when will they withdraw as attorneys in the state court action. Neither attorney has attended any of the depos and discovery has already gone out to many of the state court defendants.  They will soon lose control of these defendants that they technically don't represent and have a conflict with.
  • 0
    question for Michael
    | 1 reply
    thank you for your response. I was not questioning whether or not they are married, I looked her up and they are. I did find it interesting that she seems to have taken over all of a sudden, but if he is busy with a criminal case that would explain it.
    I hope they have decided to settle, I know at one point they thought they could win it. I personally do not see how they could win it but denial is a very powerful thing.
    I don't understand what they have to do with the state court action, are they also defending Begley and Lunsford in that action? I would think not but could see why they might be interested. As for control, I doubt they have any to start with.
    • 0
      Michael replies to question for Michael
      Markham and Read filed General Denials on behalf of Jason Begley and Wayne Lunsford in the state court action so, yes, they do represent them in the state court action.

      As for control, I will give an excellant example.  All the pro per defendants in the state court action repeatedly appeared in state court for inconsequential hearings (status conference hearings) that they did not need to be at. BUT, when the time came for these same defendants to attend depositions wherein testimony was being given against them, one of the most important discovery proceedings that could happen in the case, not one defendant showed up.  At the same time, Elizebeth Read claimed some bogus objection that defendants (people she doesn't represent) were being intimidated through this website and therefor would not appear.

      End result, Read controlled attendance of defendants at depositions.  Had defendants been at these depositions, they would have found out the depth of the [***] they are in, a cesspool that Begley and Lunsford are trying to get out of at the other defendants' expense.  So yes, there is a great amount of control being exerted.
  • 0
    Shill alert
    Shill
    Alert for Michael.
    1)never will yet and never will ever. LOL
    2)I do care as much as you care to shill for Michael. LOL
    3)so Michael has said numerous times JSTO and STO so does that mean he's one of them too. LOL

    Now let's see here you must be a dead beat debtor riding that wagon with the rest of them blaming these company's for harassment. If any of you haven't realized by now none of these strong armed collection tatics wouldn't exsist if you idiots would stop hiding out and hanging up when a collector calls you. If collectors didn't get hung up on, cussed out, etccc there wouldn't be use for this. What I thinks even more hilarious is that it's funny how debtors are allowed to cuss collectors out and threaten to stop calling and make verbal threats but it's ok. Paybacks a motha [***].
  • 0
    victim
    Any update for us michael ?
  • 0
    Michael
    | 4 replies
    Update:  Attempted to  serve Victor Marquez and Sam Alex Marquez at their new offices located at 355 Sheridan Ave., Ste. 115, Corona, CA.  They must have gotten wind of my attempts because the entire office  at that location has been shut down and the office equipment moved....the cockroaches went scurrying from the light so to speak.

    Unconfirmed sources have given info that the defendants in the FTC action are running two new operations, one of whcih is located in Buena Park at 8401 Page St.  Monies from these operations are allegedly being funneled through friends and family back to defendants in order to get around the FTC PI. Right now I am looking for information on individuals whose names are attached to that location, namely Kim Miller, Angel Espiritu and a corporation by the name of Assured Client.  Complaints online indicate that they operate as Global AG aka Reliant Financial Associates.
    • 0
      About the last part.. replies to Michael
      Those last names, Global AG aka Reliant Financial Associates, match the entity that Diana won the $10 Million judgement against.

      I would be surprised if they would actually continue to use those names in connection with a current operation, knowing that it would attract attempts to sieze assets.
    • 0
      Hmm replies to Michael
      So where is this second location??
      This seems like a pretty far stretch and like the above post mentions,even these morons must know how not to screw this one up and get caught violating that order not to operate.Good luck but I do think this will all be dead ends unless these people are seriously,seriously stupid.
    • 0
      Stumped replies to Michael
      I am stumped as to why this is still even a topic?Is it simply to stretch and try and find some sort of pay off seeing as though you did all that work for nothing?
      You may want to stop grasping at straws and exposing yourself to liability with your carelessness.
    • 0
      smeadly replies to Michael
      check out corona area, ph number there is 877-926-4754,known as century asset managment or century assest investments.  Angel works in same complex,   Alot of alias's, WAyne Allen, Jay Adams, Jacob edwards, Tonie Celie,  They have the same written script of "process server".
  • 0
    ha
    http://www.assuredclientservices.info/p/contact.html

    how sad when you look at charge-off they don't even use the legal definition they just poorly wing it in their own words Has another address for the company as well
  • 0
    What about this one?
    | 1 reply
  • 0
    D
    I knew this was a scam from the first call and when she asked for my address I gave her the address for the local police department, not telling her it wasn't my house. Had a friend who was a police officer standing outside waiting with me as she said she would meet me at 3 to serve me.  Suprisingly, she never showed and I never got another call.
  • 0
    Michael
    | 3 replies
    Update:

    Took the deposition of John Cook today.  As expected, he lied in response to almost every question.  Apparently someone had told him that if you answer "I can't recall" or "I don't remember", then it is not a lie. Examples of some of his lies that are my favorite,
    Question: What does STO mean?
    Cook:  I don't know.
    Question: What does JSTO mean?
    Cook: I don't know.
    Question: What does POE mean?
    Cook: I don't know.
    Question: Who were your senior closers?
    Cook: I can't recall.
    Question: Who were the other managers?
    Cook: I can't recall.
    Question: What was the pay structure, how did you get paid?
    Cook: I don't know. I can't recall.

    This went on for hours.  He probably thinks this is a good strategy but in reality, no jury is ever going to beleive anything he says because he came off as completely not credible...which means that anything anybody else has said about him will be taken as a fact, regardless of the evidence behind it. Good for trial.

    As for you dialers and closers, when asked specifically if he (John Cook) gave any scripts that mentioned "process servers", "lawsuits", "FTAs", etc., Cook denied having ever provided scripts with this type of language or instructing dialers and closers to reference as such.  As expected, the owners [***] on the managers, and now the manager has [***] on the closers and dialers. According to Begley, Lunsford and Cook, all the illegal activity that was going on was as a result of illegal conduct of the dialers and closers (mostly the dialers).  Should be fun when trial comes, I imagine we will have seven managers all saying they "can't recall" or "don't remember", but they will remeber that they never told the dialers and closers to do anything illegal nor provided them with illegal scripts.

    For you consumers out there, the law office is not accepting any more plaintiffs on this lawsuit, but if it is any consolation, the FTC will have some sort of reimbursement program for affected consumers "eventually".  When the time comes, I will do my best to post the claims process outlined by the FTC for consumers.
    • 0
      Then at trial.. replies to Michael
      the blanket denials by managers may just make the callers and closers that much more credible.

      Denials or not, systematic deception shows intent, because it shows an understanding of the whole picture and how the pieces are intended to work together.
    • 0
      Wow.... replies to Michael
      ....makes you wonder where he's getting his legal advice.
    • 0
      Response to michael replies to Michael
      So still trying to please all the people you have promised money!! Looks like your not getting anything so sorry to the people that think your going to win. I have never seen a person that is acting like he knows what he is doing be so unprofessional! Posting stuff that really should be presented in court not on a gossip website. Scott Harlow you might want to think twice about Michael working for you. You already went to court a few months ago trying to stay in business, and you have a lose cannon working for you. All the people named in the civil suite need to print all postings by Michael I have read so much information that is hear say and stereo typing. Present it to the Judge I believe this case will be thrown out of court. Stay strong you guys will win and if the judge really looks at everything Scott Harlow & Michael Peterson have done to cross the line they will be done for good!!
  • 0
    sounds like
    alot of he said she said, with no proof to be found anywhere besides some testimony of some low life recovering drug addicts or straight out of prison people who provided statements. Strange thing is, that as these employees seem to be "1099" you would think you would be able to go after them individually since they did wrong on their own part. However, after going thru most the posts on this board for the past 142 pages I get the feeling that these people were actually working under a w-2 type environment and were not getting paid for it. If that is the case, they should be protected under the company entities that they worked for. So By the time EDD and the IRS gets ahold of this case after the FTC is done with it, you might find yourself out of a court case. Where is this lawsuit going again ?

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