Leasecomm what a sad and vile excuse for a company - and should never be allowed to taint the American dream of starting or growing a small business.
This is a criminal enterprise who finally was sued in 2003 by the FTC, Several States and the County of Ventura in a Class Action lawsuit.By the way as a result of that lawsuit they are not supposed to sue outside the jurisdiction where the transaction was made (ie your place of business, home... in your city and state)... Not in Massachusettes.
I want you to know that I was a member of the class injunctive group
This applies to assigns, name changes, etc., although it appears that they are already up to their old tricks.
I am here to let you know that you should never sign for a certified letter if you are in one of these leases. Leasecomm uses the small towns of Mass like Waltham, Woburn to inundate the small claims courts in those towns to the point where it is their court. Since Mass Civil Law regarding process of service is very arbitrary as shown in my case where I routinely refuse certified letters unless I have requested them and did so several years ago when a certified letter from Waltham was attempted delivery by my postmistress. I refused but evidently, the judge can use his/her discretion in Mass concerning service and apparently a refused certified letter is proof of service. One word: Reforms.
Every state that supports a sister state judgment from a Leasecomm Court may be supporting a judgment where the service of process registered in a Mass court was not proper service in the state where the defendant (Leasecomm client) lived. I was first told this by a clerk at the Waltham Court who also told me that in Mass a process server can leave papers on a porch and this is considered service - without a nail and mail order. If you look at the Mass Civil Code you will find that whether court papers are properly served is up to the discretion of the judge hearing the case. Very scary. No wonder Leasecomm in located in the Mass.
So with even the process service against you, you might ask how did I win my case and not have to pay anything to Leasecomm?
First, I was sued by them even though I had refused the certified letter that apparently contained court papers. I was shocked when I received a judgment in the mail and immediately wrote to the Court. A while later they sent a paper stating that the case was dismissed due to an error. Good, I though... Then a few months later I received another letter from the Waltham Court stating that my judgment had been reinstated. Ugh!
A couple more years pass and in 2003 I received a letter stating that I was a member the class settlement injunctive group and that the FTC was suing Leasecomm and we may not have to pay our judgments. Great!
Five years passed and Leasecomm's local attorney in San Francisco was collecting a judgment under $1000 that had doubled in time. He had some papers "served" by a process server who never signed the service - of course he didn't - during the attempted service he was disturbing the peace, scaring the neighbors and kicking the gate of the building where I live.
I found out several hours after this "event" that it was a process server doing this. Although I prepared a case, I never spoke to the attorney and he apparently was only trying to scare me into calling him to make a settlement arrangement as the leasecomm attorney did not show up in court.
As a result, the Judgment hearing the sister judgment matter dismissed the case and entered a judgment of settlement satisfied.
So, if you feel that you are in the right, print out all the complaints you can find on Leasecomm on the internet, then print the docket of the FTC case, bring some of your personal paperwork as requested and chances are that Leasecomm may never show up and the judge will dismiss your case and enter a similar settlement satisfied entry and that is that!
I stood my ground, stopped speaking to Leasecomm and told them to stop speaking to me. And as it turns out transferring the judgment from Mass was only a scare tactic to encourage me to call and settle with them. If you are in the same situation and follow my advice, it is possible that they will not show up in court and you will win by default.
Good Luck!
Liketofightback
San Francisco, California
U.S.A.
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