Consumer complaint received 2023-03-01
Company: JPMORGAN CHASE & CO.
State: TX
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Managing the loan or lease
Sub-issue: Loan sold or transferred to another company

Complaint:
On or about the night hours of XXXX, my private automobile was repossessed by an unknown entity via order of XXXX ( XXXX XXXX ). I did not know where said automobile was for 8 days even with multiple unsuccessful attempts to contact XXXX XXXX for location. I am a single woman with only one automobile for private use in my domicile in Texas. On XX/XX/XXXX, I received a letter from XXXX XXXX XXXX XXXX stating that I needed to contact their 800 number for information regarding my private property. I did so and found out that a company by the name of XXXX XXXX XXXX XXXX XXXX had repossessed this automobile. All above are violations of the consumer protection laws/constitutional laws, and Private property laws in Texas. This account has been disputed since XX/XX/XXXX with XXXX XXXX refusing all documents sent in the mail including : full settlement of account ( as appropriate via 31USC3123, 18 USC 8, Public Laws 73.10 ), Affidavit of Power of Attorney, Fee Schedule for violations of refusal to accept full discharge of account, Fiduciary Appointment. Each packet sent to XXXX XXXX was unaccounted for in the corporation computer, as all agents of said corporation could find no record of these documents. I have copies of everything sent including tracking records and all returned XXXX envelopes/refusals to discharge account. At present, XXXX XXXX XXXX XXXX is in possession of this private automobile. Please explain how this corporation can violate the following and where this corporation had consent by this XXXX XXXX and Creditor to unlawfully obtain this automobile without judicial orders : Pursuant 42 U.S. Code 1983 - Civil action for deprivation of rights- Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia XXXX subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officers judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. 

Pursuant 15 U.S. Code 1692d - Harassment or abuse- A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

1692eA debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 2 ) The false representation of ( A ) the character, amount, or legal status of any debt; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.

( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken.

( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to ( A ) lose any claim or defense to payment of the debt; or ( B ) become subject to any practice prohibited by this subchapter.

( 7 ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.

( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.

( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value.

( 13 ) The false representation or implication that documents are legal process.

15 U.S. Code 1692f - Unfair practices- ( 6 ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement.

15 U.S. Code 1692g - Validation of debts- ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

15 U.S. Code 1692i - Legal actions by debt collectors- ( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall ( 1 ) in the case of an action to enforce an interest in real property securing the consumers obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action.

18 U.S. Code 8 - Obligation or other security of the United States defined U.S. Code The term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps.

31 U.S. Code 3123 - Payment of obligations and interest on the public debt ( a ) The faith of the United States Government is pledged to pay, in legal tender, principal and interest on the obligations of the Government issued under this chapter.

( b ) The Secretary of the Treasury shall pay interest due or accrued on the public debt. As the Secretary considers expedient, the Secretary may pay in advance interest on the public debt by a period of not more than one year, with or without a rebate of interest on the coupons.

( c ) ( 1 ) The Secretary may issue a bond, note, or certificate of indebtedness authorized under this chapter whose principal and interest are payable in a foreign currency stated in the bond, note, or certificate. The Secretary may dispose of the bonds, notes, and certificates at a price that is at least par value without complying with section 3102 ( b ) ( d ) of this title.

( 2 ) In determining the dollar amount of bonds, notes, and certificates of indebtedness that may be issued under this chapter, the dollar equivalent of the amount of bonds, notes, and certificates payable in a foreign currency is determined by the par of the exchange value on the date of issue of the bonds, notes, or certificates as published by the Secretary under section 5151 of this title.

( 3 ) The Secretary may designate depositaries in foreign countries in which any part of the proceeds of bonds, notes, or certificates of indebtedness payable in the foreign currency may be deposited.

Article 1 section 10 of US Constitution-No State shall enter into any Treaty, Alliance, or Confederation ; grant Letters of Marque and Reprisal ; coin Money ; emit Bills of Credit ; make any Thing but gold and silver Coin a Tender in Payment of Debts ; pass any Bill of Attainder , ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

Texas Bill of Rights Sec.A1.AAFREEDOM AND SOVEREIGNTY OF STATE. Texas is a free and independent State, subject only to the Constitution of the United States, and the maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of local self-government, unimpaired to all the States.

Sec.A3.AAEQUAL RIGHTS. All freemen {, when they form a social compact, have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments, or privileges, but in consideration of public services.

Sec.A3a.AAEQUALITY UNDER THE LAW. Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin. This amendment is self-operative.

Sec.A9.AASEARCHES AND SEIZURES. The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation.

Sec.A16.AA BILLS OF ATTAINDER ; EX POST FACTO OR RETROACTIVE 7LAWS ; IMPAIRING OBLIGATION OF CONTRACTS. No bill of attainder, ex post facto law, retroactive law, or any law impairing the obligation of contracts, shall be made.

Sec.A17.AA TAKING PROPERTY FOR PUBLIC USE ; SPECIAL PRIVILEGES AND IMMUNITIES ; CONTROL OF PRIVILEGES AND FRANCHISES. ( a ) No person s property shall be taken, damaged, or destroyed for or applied to public use without adequate compensation being made, unless by the consent of such person, and only if the taking, damage, or destruction is for : ( 1 ) AA the ownership, use, and enjoyment of the property, notwithstanding an incidental use, TITLE 5. EXEMPT PROPERTY AND LIENS SUBTITLE A. PROPERTY EXEMPT FROM CREDITORS ' CLAIMS CHAPTER 42. PERSONAL PROPERTY Sec. 42.001. PERSONAL PROPERTY EXEMPTION. ( a ) Personal property, as described in Section 42.002, is exempt from garnishment, attachment, execution, or other seizure if : ( 1 ) the property is provided for a family and has an aggregate fair market value of not more than {$100000.00}, exclusive of the amount of any liens, security interests, or other charges encumbering the property; or ( 2 ) the property is owned by a single adult, who is not a member of a family, and has an aggregate fair market value of not more than {$50000.00}, exclusive of the amount of any liens, security interests, or other charges encumbering the property.

Sec. 42.002. PERSONAL PROPERTY. ( a ) The following personal property is exempt under Section 42.001 ( a ) : ( 1 ) home furnishings, including family heirlooms; ( 2 ) provisions for consumption ; ( 3 ) farming or ranching vehicles and implements ; ( 4 ) tools, equipment, books, and apparatus, including boats and motor vehicles used in a trade or profession; ( 5 ) wearing apparel ; ( 6 ) jewelry not to exceed 25 percent of the aggregate limitations prescribed by Section 42.001 ( a ) ; ( 7 ) two firearms ; ( 8 ) athletic and sporting equipment, including bicycles ; ( 9 ) a two-wheeled, three-wheeled, or four-wheeled motor vehicle for each member of a family or single adult who holds a driver 's license or who does not hold a driver 's license but who relies on another person to operate the vehicle for the benefit of the nonlicensed person ; 10 U.S. Code 921 - Art. 121. Larceny and wrongful appropriation ( a ) Any person subject to this chapter who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of any other person any money, personal property, or article of value of any kind ( 1 ) with intent permanently to deprive or defraud another person of the use and benefit of property or to appropriate it to his own use or the use of any person other than the owner, steals that property and is guilty of larceny ; or ( 2 ) with intent temporarily to deprive or defraud another person of the use and benefit of property or to appropriate it to his own use or the use of any person other than the owner, is guilty of wrongful appropriation.

( b ) Any person found guilty of larceny or wrongful appropriation shall be punished as a court-martial may direct.

And Texas Supreme Court Docket Number 21-9152. https : //www.txcourts.gov/media/1453292/219152.pdf

Company response to consumer: Closed with explanation