How does a collection agency successfully sue somebody?
In this example the President of my company hired a new security company and told them he would prefer they slow down traffic coming in and around the property. The security company responded by posting 5 mph speed limit signs and placing one of it's guys beside the road with a toy sports radar gun. I was pissed because he gave me a ticket for riding my mountain bike 15 mph in a 5 mph zone. The ticket was for $50 + $20 administration fee. 1. I question the accuracy of his "toy" radar gun. 2. There is no proof what speed was shown, it was just whatever he said it was. 3. How was the dollar amount of the fine calculated?
The President of the company had no idea they were using radar and giving fines, he said he just told them to slow down traffic. When I call the security company, I just get a recording saying they don't return calls concerning ticket disputes. I go to the office in person and the door is locked.
I have 14 days to send payment in certified funds, then I'm told they turn you over to a collections agency. So how could the collections agency collect from you or sue you if they can't prove that I owed the security company that amount? Wouldn't a judge say that a 5 mph speed limit was ridiculous and unrealistic?
I'm told by law, the security company collects the fine and gives it to the company I work for then keeps the administration fee for themselves. Nobody I talked to knows anything about that.
The way this security company was writing tickets, I could have been pushing my bike running and still got a ticket. A motorcycle would tip over trying to go 5 mph and a manual transmission couldn't get out of 1st gear.
- SlickterpLv 71 month ago
They can't levy a fine, lol. Just don't pay it.
- StephenWeinsteinLv 71 month ago
Once something is sent to collections, it gets put on your credit report, and stays there for 7 or 7 1/2 years. During that time, you are less likely to qualify for a loan, credit cards, some jobs, and most housing, and your insurance will cost more in most states.
They don't have to prove that you owe the money.
- skeptikLv 71 month ago
From your description, the security company is fraudulently collecting fines they were never authorized to charge
Contact your H.R. department and file a formal complaint. They will then be forced to take action - either by making the security company stop what they're doing and refund any fines already collected, or formally authorize the action. At which point your employer becomes liable for any lawsuits that may come up as a result.
Make sure they know you've been threatened with referral to a collection agency, which would harm your credit rating, and which has been found to be a legally actionable harm.