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Legal Guides
Apr
22
A lawsuit was filed in Cook County, Illinois recently after a bank’s skip trace firm placed comment on a debtor’s daughter’s Myspace page threatening her with imprisonment if her father didn’t contact the skip tracer.
The Plaintiff’s complaint in Ricobene v. JP Morgan Chase Bank and Universal Tracing Services, Cause No. 2009-L-004397, filed April 13, 2009 in the Cook , Illinois Circuit Court alleges that skip tracer left a threatening message on the Myspace page of the Plaintiff’s daughter:
Gina Ricobene
Dear Ms. Ricobene
We have been retained by, JPMorgan Chase Bank, to locate and repossess their missing collateral a 2007 Mercedes GL450. Please contact our office immediately so we can discuss the peaceful recovery of the collateral. Failure to contact me will result in further action against your father James Ricobene. Legal options range from having a replevin order served on you or even worse reporting the collateral as stolen to local authorities in Illinois under the A.R.S. act 18-5-504. Failure to comply with this notice of surrender is a class 5 felony and carries a maximum penalty of imprisonment for two years plus all applicable surcharges. You must contact the writer within 5 days to prevent this action from taking place. You can contact me directly at 800-667-7704 ext 222 or directly at 604-267-1581 ext 222.
Awaiting your immediate response.
Chris Flanagan
Senior investigator.
The complaint states that the Myspace page wasn’t the debtor’s page, that the daughter had no interest in the Mercedes, that a felony that doesn’t exist in Illinois was threatened in a civil matter, and that “in fact, it is not a crime to refuse to surrender collateral without a court order in Illinois.” See Plaintiff’s complaint, rhetorical paragraphs 6-14 for the facts.
Here’s the low down on damages requested:
Count I of Plaintiff’s complaint alleges libel requests damages in the amount of $50,000, plus punitive damages, plus costs.
Count II of Plaintiff’s complaint alleges invasion of privacy requests damages in the amount of $50,000, plus punitive damages, plus costs.
Count III of Plaintiff’s complaint alleges consumer fraud act requests damages in the amount of $50,000, plus punitive damages, plus costs.
It’s amazing that these types of consumer debtor abuses happen in these days when the Fair Debt Collection Practices Act and other laws make these types of debt collection practices a lighting-rod for consumer protection lawsuits.
Link to Cook County’s electronic docket: 2009-L-004397
Apr
15
Procedural Due Process Issue Key In Probation Revocation Case
Filed Under ChristopherHedges.com | Leave a Comment
The Indiana Court of Appeals recently reversed a trial court’s order requiring a defendant to serve his previously suspended sentence in a not for publication decision issued Monday in Noor Adnan Sobuh v. State of Indiana (PDF). Merrillville criminal law attorney Edward J. Wartman was counsel for the appellant.
The Indiana Court of Appeals held that the defendant was entitled to a probation revocation hearing that afforded him proper due process.
Sobuh was entitled to a probation revocation hearing comporting with the requirements of due process. Moreover, to the extent that his failure to oppose the State’s allegation could be considered an admission, Sobuh at best admitted to conduct outside the probationary period.
…
Because the sole pending allegation against Sobuh was that he committed conduct that occurred before the commencement of his probationary period, the trial court could not properly revoke his probation on this basis. See C.S. v. State, 817 N.E.2d 1279, 1281 (Ind. Ct. App. 2004) …
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