Collection Service or District Attorney?

Updated on October 17, 2008
T.P. asks from Danville, CA
8 answers

Hi,

Eight months ago, the private Immigration services has received from me $30,000 to take care of the paper work. But they did not deliver the service like they have promised. On the paper that they have signed they will refund all the money in full within three business days after the 180 days is over. Unfortunate i haven't got any things back except 2 times 4 bounced checked of $15,000. Please give me some advices where to get help with this case. Thanks in advance!

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J.K.

answers from Fresno on

These private immigration services are often fraudulent operations SO i WOULD CONTACT THE da OR local FBI office. I kn ow people in Texas that are having problems with one but don't know the name of it.

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V.F.

answers from San Francisco on

Hi T., please check who your District Representative is, and go to his/her office with your file. They will contact the appropriate department of Immigration or the Embassy from the country you are dealing with, and will find out why the process was rejected (within a week). Then, you can take care of it on your own. Unless the case is criminal, nobody should have to pay for an Immigration process, since it is Administrative Law. As per trying to get your $30,000 back, first... make copies of the bounced checks and write them a letter stating that you are about to take legal action and go to the post office to send it certified. Now... with the copy of the receipt of the certified letter and a copy of the letter it self you can contact the Better Business Bureau and also "7 on your Side" (1-###-###-####), I would also email Len Tillem through www.kgoradio.com. They will back you up as long as you have tried every possible avenue and have a paper trail. I wish you good luck!!! Vali.

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T.T.

answers from Yuba City on

District Attorney. It's a crime to pass bad checks. Take all the paperwork and copiees of the bounced checks in at your very first available time. They are responsible for up to 3x's the amount of the check.

T.

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L.B.

answers from San Francisco on

Immediatly go to your Distric Attorney, bounced checks are a criminal offense and they can help you get your money. I know for a fact because I work in local government. You probably don't need to worry about getting a personal attorney, the DA's office should be able to handle everything but don't wait because there is a statute of limitations that starts running.

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E.S.

answers from San Francisco on

hi T.,

sorry to hear about that. unfortunately, this seems to happen to many people. which is why there are resources for you. try the below two websites. at the 2nd one for the lawyers committee, dave rorick is a neighbor and a good guy, if he can't help you, ask him who you should talk to.

best,
E.

http://www.aila.org/content/default.aspx?docid=10180

http://www.probono.net/sf/volunteer/item.Lawyers_Committe...

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L.S.

answers from Sacramento on

Based on what you are asking, I am not quite sure why you would give a service $30K for what? to become a citizen of the US? This just does not make any sense to me.

I do believe a crime has been committed with the intent to take your money. The amount of what was "taken" does justify criminal charges are in line, however, this I see it as "fraud". I would see this falling within a felony.

Recommendations:
-Call your local news station who research unethical handling for consumers
----If that does not work, then I would recommend you seeking legal counsel. They would either charge you by the hour or take a contingency fee of any recovery that is made. At this point, you are out $30K plus interests if it were to be sitting in a savings account.
-Do NOT go to a collection agency. They are all in a call center environment - and do nothing but harass. Their speciality is not civil litigation. If in fact collection agencies do refer their accounts out to counsel, they vendor it out to a law firm who handles high volume collection accounts.
-a crime has been committed from what I see and criminal charges are in line - if this company is charged with a crime, and a court ordered restitution is ordered, and the company decides to file bankruptcy, the company is not legally able to "include" your portion due to the crime that was committed.
-Definately seek legal counsel.

Did you sign a contract with this service? Breach of contract statute is 4 years. On top of the bounced checks that is a crime as well.

There are a few avenues for you to research.

Keep a record of EVERYTHING that has transpired. Like keeping a journal. When you call them, what you discussed, any and all letters/correspondence that goes back and forth to you and this company. Keep everything in a folder. An attorney will need a complete file on what you have been doing.

I instantly thought about the economy we are living in. People are desparate, you just gave them $30K for nothing in return.

I wish you the best T., and I will say a prayer for you. Right about now, you need it.

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L.P.

answers from Sacramento on

Hi T.,
It sounds to me like a company that just takes advantage of people trying to get legal citizenship. Sounds like they just take advantage of people that may not want to go to the police!!!!
I would say DO NOT HESITATE!!!!GO TO THE DISTRICT ATTORNEY!!!!
Also contact the Better Business Bureau, see if they have any complaints filed against this company. Then I would try to go to the bank that those checks are written on & see if they have open accounts or funds available. If they have enough money in thier accounts they may cash it for you. Or there are ways to lein someone's account(if it is a business). That is ALOT of money....
Don't Wait!!!
Good Luck...L.

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C.M.

answers from Sacramento on

My husband worked for the Attorney General's office and used to file law suits to shut down unlawful immigration consultant offices in California. He is helping me write the info contained here. We're hoping this will help the next person who finds him/herself in a similar situation.

First, people must realize that while there are a few good and honest immigration consultants, my husband has found that the majority of them are crooks. Hiring an immigration attorney Is always the better route. Unlike consultants, attorneys are licensed and regulated by the State Bar. Anyone can report an attorney to the state bar, but an immigration consultant has no similar avenue of accountability.

If you have on-going immigration problems, your previous immigration consultant is unlikely to help you. While it will cost you additional money, you may want to look for a good immigration lawyer to continue your case.
As for recovering your money and reporting your immigration consultant, you could try complaining to the District Attorney's office. Or you can also try the Attorney General's Public Inquiry Unit. But both these avenues will probably be of little help to you. Particularly, the AG's office is doing very little in this area any more.

If you have to go after these guys on your own, here’s how to do it:
1. Go onto the Secretary of State’s webpage: www.sos.ca.gov
2. Click onto the “Ca Business Portal”
3. On the left hand column, click onto “Bond Search” under Immigration
4. Now enter the Principal (which means, the owner) name, and/or the Business (company’s) Name
5. This will take you to their Bond Company’s name. It is this company that you will want to contact and file with to collect on your debt.

Now here’s the problem. The majority of Immigration consultants are not boned and it may be the case for your guy. But this is worth a try.

Good luck with this and I hope this was of some help. No matter what happens, you are obviously a mom who loves your family. These jerks may take your money, but never your dignity. If things don’t work out for you, know that you spent your money and time for your family and that makes you one very strong and awesome woman and no one can take that fact away from you. God bless you!

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