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Consumer alleges debt collectors violated due process

NORTHERN CALIFORNIA RECORD

Thursday, November 21, 2024

Consumer alleges debt collectors violated due process

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SAN DIEGO — A San Diego County man is suing debt collectors, citing alleging harassment and forgery.

Frank G. Ray filed a complaint Nov. 24 in U.S. District Court for the Southern District of California against Andrew Musaelian, Lisa Giacomini, and Does 1-10, alleging violation of the Fair Debt Collections Practices Act and Federal Trade Commissions Act.

According to the complaint, on May 26, 2009, Musaelian was convicted in Sonoma County of violating two counts of the vehicle code and two counts of forgery. The suit says Musaelian later moved to San Diego County where Ray was subjected to numerous instances of harassment for his alleged debts when he was contacted by telephone when the defendants were implicitly instructed not to do so.

The suit says the defendants attempted to take Ray's work vehicle by filing fraudulent documents with the court, contacted his clients to conduct investigation into his financial dealings and threatened his family in order to get Ray's financial information. 

The plaintiff alleges the defendants abused the process of law by filling fraudulent documents with the San Diego County Superior Court in order to collect debts for Ray's clients.

Ray seeks trial by jury, to enter a permanent injunction to prevent future violations, civil penalties of up to $11,000 for each violation, costs of action and all other relief the court determines to be just and proper. Ray is defending himself.

U.S. District Court for the Southern District of California case number 3:17-cv-02377-DMS-MDD

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