
Quoting
Zosimus
Okay, perhaps I haven't provided enough context.
In 2002, I purchased a vehicle from a dealer, and that dealer financed me through Premier America Credit Union in Chatsworth, CA. Subsequently, I began to bank there and began using their bill pay system, which was provided by Fiserv. In 2003, I totaled the car and ended upside down on the loan. I also lost two lawsuits related to real estate. I can only say this: Don't rely on the insurance provided by your HOA. Always have your own insurance policy because, at the very least, it will hire an attorney for you.
So, in late 2003, I filed chapter 7 bankruptcy. Premier America hired an attorney to dispute the bankruptcy and recover some amount because I had used the credit card within the past 30 days of filing bankruptcy. The company figured I would be easy prey because I hadn't used an attorney to do the chapter 7 filing. But, I filed a motion to dismiss, and Premier America found itself paying for an attorney and losing most of the gains they hoped to make. So, we settled the amount in November.
But, the whole time, Premier America was hounding me for payments on the discharged car loan. Every time I used the ATM machine, it would ask me to make a payment. Every time I spoke to a teller, he/she asked for a payment. Every time I used the website, it would ask me to make a payment. Finally, Premier America's system took a payment out of my checking account for the discharged car loan. I sued and won. In January 2004, I received the payment from Premier America, closed my account, and left the US for Peru on January 31, 2004. I am a Peruvian citizen.
According to Fiserv, about a month after I left the USA, Fiserv processed a payment in the amount of $135.77 through this credit union to pay Pacific Bell. I did not have any business relationship with Pacific Bell. Prior to leaving for Peru, I was living with my mother. The only debt I had was with AT&T Wireless. Anyway, $135.77 seems like a lot for a one-month phone bill.
In June 2017, I returned to the US and began living in Utah. I established accounts with UCCU and Wells Fargo. I use their bill payment without problem. But, a new bank (Bank of the West) offered me $250 to open an account with them and put my direct deposit there, so I did.
But, the Bill Pay system doesn't work for me. So, they gave me the number for Fiserv. My SS# is blacklisted and Fiserv wants me to pay for an amount that they allegedly paid on my behalf to a company I didn't do business with through a closed credit union account some 15 years ago.
So, what's the venue? As far as I know, I never signed anything with Fiserv, but maybe I did when I opened the Premier America Credit Union account. If so, these documents normally say that a specific state (such as Delaware) has jurisdiction. Alternatively, it could be argued that California law has jurisdiction. I really don't see how Utah figures into the matter. The federal FDCPA says that I can be sued in the county where the contract was initially signed, and that's Los Angeles county.
Of course, Fiserv doesn't plan to sue me. It just has me blacklisted. In all likelihood, the company has nothing except for a computer entry to demonstrate that I owe money. Of course, I could simply limp along with Bank of the West for a few months, get my $250, close the account, and go back to using UCCU as primary. Or, I could try to dispute the debt.
Utah law provides no help, but California law is far more consumer friendly. I am especially interested in the new AB 1526, which has modified the Rosenthal FDCPA to cover time-barred debts, such as the one in question.
I was hoping to find someone here who knew about that.