I'll apologize right now for the length of this post. If you don't have much time, you may want to move on to a shorter subject as this one requires some detail in my effort to find any possible suggestions or solutions to this issue. I will thank anyone in advance for taking the time to try to help me with it. OK, here goes.

I work as a Collections Specialist III for several different businesses and have run into some issues regarding a valid state statute, and the refusal of the County Attorney's Office to prosecute the cases I am submitting.

One of my contracts is with a Rental Purchase Dealer (better known as Rent To Own).

In 2005, after a number of the renters for one particular store were obtaining the merchandise, and never being seen or heard from after the rented property had been delivered, I did some research into the State Statutes regarding Theft, and rental property.

I found a statute that specifically addressed the issue I was facing. Here is the wording exactly as it appears in the statute:

Theft by Unlawful Taking or Disposition:

(3) Except as provided in subsection (4) of this section, it shall be presumed that a lessee's failure to return leased or rented movable property to the lessor after the expiration of a written lease or written rental agreement is done with intent to deprive if such lessee has been mailed notice by certified mail that such lease or rental agreement has expired and he or she has failed within ten days after such notice to return such property.

Subsection (4) addresses the rental of a motor vehicle and has no bearing to my cases.

I immediately mailed 4 certified notices to 4 of these customers. After the ten days expired, I called to report the crime to the police department. I was told that this was a civil matter, and that they would not take a report, period.

After numerous messages, and being transfered from one supervisor to another, over a two week period, I finally asked the officer to please provide me with the name, and contact information for the person responsible for refusing to take my report.

Suddenly, my reports were taken, without question. I thought my problem was solved.

Then, it came time for the investigating officer to present the cases to the County Attorney. When he did, the County Attorney refused to accept the cases. When I spoke to the representitive at the CA office, the answer I recieved was, and I will paraphrase from over 3 years ago, "our office decided over 20 years ago, that we were not going to accept any of these type cases from a Rent to Own business".

I asked if this person was actually there 20 years ago, of course he was not. I then said OK, I'm requesting that these cases be prosecuted, under the valid state statute, or I need to know who the person is that is refusing to do so.

Suddenly, my cases began to be prosecuted. Everything went as it should, up to now.

A new employee of the County Attorney's Office, refused to accept two cases from the Police Officer and told the officer to have me call with any questions. I phoned and spoke to her, she said she needed to discuss my cases with her supervisor to determine what they were going to do about them, and she would call me back by the end of the day.

Six phone calls, and two weeks later, I got in touch with her and here is what I was told.
"I still have not had the chance to speak to my supervisor, but, I am the one who has refused your cases, because in my personal opinion, you have other options to resolve these issues, and I'm not going to accept them anymore, you are welcome to speak to the County Attorney if you wish". I said, OK, will you please put him on the phone? She said "no, you must call back". I said but the number I call, is the phone you answer? "Yes it is she replied, but you will have to call back, I'm not going to get him on the phone".

I called back, of course he was unavailable and a message was taken for him to return my call. Since then, I have written two letters, and left over 9 phone messages without a single return call or message.

I issued a complaint with the State Attorney General over a week ago, mailed notes of all the conversations, copies of the letters written, and sent them off. After 9 days now, still not even an email or message that my complaint has even been received.

Keeping in mind that the County Attorney has accepted, issued warrants, customers have been arrested, property has been recovered or restitution has been ordered as part of the sentence or punishment, and well over 25 individuals now have criminal records having been successfully prosecuted under this statute over the past two years.

Am I wrong in expecting them to continue to prosecute as they have been for the last two years?

Am I wrong in the statement that it is the job of the County Attorney to enforce the laws without regard to personal opinion?

Would I have some recourse against this new employee who has taken full responsibility for turning my cases away?

Who, other than the State Attorney General could I plead my case to as I believe they do not have any legal right to refuse to enforce a valid state statute, especially after doing so for a two year period, with no legal reason for doing so, only based upon her personal opinion?

I know that they are ignoring me in hopes that I will give up, and just go away, but I refuse to do so. It is my tax dollars that help pay these people to do their jobs, and uphold the laws that exist.

Any opinions, or advice would be greatly appreciated on this matter.

Fr_Chuck

It is the county DA ability to decide what cases he will or will not take to court. You can not "make" him take a case if he does not want to. These are elected positions and you can try and make a public outcry, get newspapers or TV invovled. You can try and support a new DA at the next election time.

There are 1000's of laws that are ignored every day. Police officers do not stop every speeder, they do not stop every ran stop light.
If they catch a shop lifter at times they have them work out something with the store.

While the State attorney can discuss this with the county DA in most cases they can not force a case to be heard if there is not a conflict of interest in not hearing the case.

progunr

OK. What about the 25 people, who committed the exact same crime, now have Felony Convictions for doing so? And now, the ones who are committing the same crime, are just allowed to get away with it?

I can't believe that it would be legal for them to pick and choose, what about discrimination?

Don't they have a DUTY to uphold the law as it is written. If they disagree with a specific State Statute, in order to just ignore it, wouldn't it have to be changed or amended?

excon

Hello prog:

I don't think you'll get any help when you take the "complaint" route. I dunno if the State Attorney General has the authority to force the county attorney to act. I'll bet not.

If he's appointed, the guy who appointed him IS his boss. If he's elected, the constituency is his boss. But, he DOES have a boss.

He also has to obey the law. I think the only entity that can force him to is the courts. That's where I'd take my case. And, that's where my expertise ends. You're either going to need an attorney (obviously the BEST route), or you're going to need to spend some time researching.

I believe there's a motion you can file to produce a writ of mandamus. Now, I'm remembering from a long time ago, but I think that's it. It's a writ that forces a bureaucrat to DO his job. I know it's a lot more complicated than that, but there IS such a writ, and the courts are where to get it.

excon

excon

Hello again, prog:

Well, I looked it up. I think I was right. Here's what I found:

"MANDAMUS - The name of a writ, the principal word of which when the proceedings were in Latin, was mandamus, we command.

It is a command issuing in the name of the sovereign authority from a superior court having jurisdiction, and is directed to some person, corporation, or, inferior court, within the jurisdiction of such superior court, requiring them to do some particular thing therein specified, which appertains to their office and duty, and which the superior court has previously determined, or at least supposes to be consonant to right and justice.

Mandamus is not a writ of right, it is not consequently granted of course, but only at the discretion of the court to whom the application for it is made; and this discretion is not exercised in favor of the applicant, unless some just and useful purpose may be answered by the writ.

This writ was introduced to prevent disorders from a failure of justice; therefore it ought to be used upon all occasions where the law has established no specific remedy, and where in justice and good government there ought to be one. Mandamus will not lie where the law has given another specific remedy.

The 13th section of the act of congress of Sept. 24, 1789, gives the Supreme Court power to issue writs of mandamus in cases warranted by the principles and usages of law, to any courts appointed or persons holding office, under the authority of the United States. The issuing of a mandamus to courts, is the exercise of an appellate jurisdiction, and, therefore constitutionally vested in the supreme court; but a mandamus directed to a public officer, belongs to original jurisdiction, and by the constitution, the exercise of original jurisdiction by the supreme court is restricted to certain specified cases, which do not comprehend a mandamus. The latter clause of the above section, authorizing this writ to be issued by the supreme court to persons holding office under the authority of the United States, is, therefore, not warranted by the constitution and void.

The circuit courts of the United States may also issue writs of mandamus, but their power in this particular is confined exclusively to those cases in which it may be necessary to the exercise of their jurisdiction."

Hope this helps.

excon

Fr_Chuck

But as for as unfair, in the US, some things are more seroius crimes in the US, you will get different punishments if you are wealthy or poor, and also race has a factor still today.

And in states where they have the same laws, yes, various places will not investigate some crimes and some counties will. What we see is that yes county sheriffs do not press as hard on some things, and often, very often county DA will have thier own agendas.

excon

Hello again, prog:

I got a little more....

Do a little research into the law you want prosecuted. You can find out when it was passed, which state legislator sponsored it, who voted for it, and most importantly, you can find out why they found a need to make such a law.

Certainly, THOSE lawmakers wouldn't be happy that a sitting county attorney is IGNORING them. THEY might be able to assist you in your quest.

Look, I'm not thrilled that you're a collector. But I hate county attorney's even more.

excon

progunr

Good advice, gladly accepted.

Oh yeah, most days, I'm not thrilled I'm a collector either, but it pays the bills pretty well,
thus keeping the other collectors away from me!

Thanks again.

JudyKayTee

[quote=progunr]I'll apologize right now for the length of this post. If you don't have much time, you may want to move on to a shorter subject as this one requires some detail in my effort to find any possible suggestions or solutions to this issue. I will thank anyone in advance for taking the time to try to help me with it. OK, here goes.

I work as a Collections Specialist III for several different businesses and have run into some issues regarding a valid state statute, and the refusal of the County Attorney's Office to prosecute the cases I am submitting.

One of my contracts is with a Rental Purchase Dealer (better known as Rent To Own).


Nothing to do with the law but small world - I did collections for a rent to purchase dealer as a part-time employee, some years ago. They were secretitive beyond secretive about their collection practices at that time. Still serve papers for them on occasion through my business, not as an employee.

Didn't know they were "outsourcing."

progunr

Most of my work now days is in skip tracing and recovery for several sub-prime auto dealerships in the area.

I worked for the RTO company for 10 years 1988 to 1998 and developed a good friendship with the owner.

Even after my employment ended, we kept in touch, especially when the NCAA Mens BB tournament runs, and the College Football Bowl season hits, he runs a great pool every year.

He contacted me 3 years ago for help with these one payment wonders, that is how I got involved with his cases.

It is so frustrating to have battled so hard in 2005, getting things to work the way they are supposed to, and now, it's like starting all over again.

The arrogance from the County Attorney's office is disgraceful, and I believe Illegal. I do not agree with the opinion that they have the right to pick and choose which laws to enforce without any legal basis for refusing to enforce them.

It is a small world indeed,
enjoy your weekend.