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Tacoma officer sues Fife, says traffic ticket ruined credit

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From http://www.kirotv.com/news/news/tacoma-officer-sues-fife-says-traffic-ticket-ruine/nGJXg/

 

FIFE, Wash. — A Tacoma police lieutenant is suing the city of Fife, claiming a $124 red light camera ticket has ruined his credit.

 

Lt. Anthony Abuan filed the suit in Pierce county superior court in late December after being photographed at the intersection of 54th Avenue and 20th Street in Fife on Jan. 1, 2009.

 

In the suit, Abuan claims he had no idea he had been photographed and accused of an infraction. The suit states the ticket for the infraction was mailed to Abuan’s address in Eatonville, but Abuan receives mail at a post office box and not at the home where he lives.

The suit said Abuan claims the ticket was returned to Fife municipal court, and eventually wound up being turned over to a collection agency without Abuan’s knowledge.

 

The suit said Abuan was denied due process to contest the infraction and that the unpaid fine and collection attempt ended up on his credit report claiming he “is now disqualified from eligibility for the lowest interest rates available for such items as his 2010 home refinance loan and his requests for an extension of increased credit limits, which amount to a taking of his property rights without due process of law.”

 

Abuan is suing for unspecified damages monetary damages as well as “The pain, suffering, embarrassment, both mental and physical, experienced and with reasonable probability to be experienced in the future,” the suit said.

 

The suit is scheduled for trial in June.

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From http://www.kirotv.com/news/news/tacoma-officer-sues-fife-says-traffic-ticket-ruine/nGJXg/

 

FIFE, Wash. — A Tacoma police lieutenant is suing the city of Fife, claiming a $124 red light camera ticket has ruined his credit.

 

Lt. Anthony Abuan filed the suit in Pierce county superior court in late December after being photographed at the intersection of 54th Avenue and 20th Street in Fife on Jan. 1, 2009.

 

In the suit, Abuan claims he had no idea he had been photographed and accused of an infraction. The suit states the ticket for the infraction was mailed to Abuan’s address in Eatonville, but Abuan receives mail at a post office box and not at the home where he lives.

The suit said Abuan claims the ticket was returned to Fife municipal court, and eventually wound up being turned over to a collection agency without Abuan’s knowledge.

 

The suit said Abuan was denied due process to contest the infraction and that the unpaid fine and collection attempt ended up on his credit report claiming he “is now disqualified from eligibility for the lowest interest rates available for such items as his 2010 home refinance loan and his requests for an extension of increased credit limits, which amount to a taking of his property rights without due process of law.”

 

Abuan is suing for unspecified damages monetary damages as well as “The pain, suffering, embarrassment, both mental and physical, experienced and with reasonable probability to be experienced in the future,” the suit said.

 

The suit is scheduled for trial in June.

 

I hope he wins, and wins BIG.

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Manny, are you from around these parts?

 

I'm wondering how many collections are going to transpire from our new toll bridge. I bet the local CAs are licking their chops.

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Manny, are you from around these parts?

 

I'm wondering how many collections are going to transpire from our new toll bridge. I bet the local CAs are licking their chops.

 

No I'm from New Jersey but when I saw it I'm like ohh this is going to be good for CB.

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Interesting... "they" (I'm using that in the very broadest sense) make US use certified mail for everything or it "didn't happen" we have to prove everything happened they way WE say it happened, well, because without proof us little peeps are always liars. So I hope he wins this hard. If they can't prove he received the citation, he might be onto something.

 

:)

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OMG...i got a ticket at that same damn light. in the state of WA your suppose to keep your addy current for your DL and vehicle. which he did'nt do.

Edited by douginsea

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Yeah, Douginsea, I was thinking the same thing.

 

So it goes to trial - it will be interesting to hear what excuse he had for the bad address (given he lives there!).

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That's the funny part, Breeze...

 

This one did!

 

Unless I read it wrong, the notices came to his home - but he is alleging he doesn't get mail there.

 

Moreover, even if he did use a PO Box... (as far as his own personal safety, blah blah blah goes) ... those records at the PO aren't private. And on those records, anyone can go in and ask for the real address of the person behind the PO Box address. And as far as I know... that real address is required to get a PO Box.

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Too bad the basis of his complaint is that they mailed the ticket to "the wrong address" but it was the one he had registered with the DMV so it's his own damn fault for "not receiving mail". This is an easy loss in court. Too bad, because there are serious problems with red-light cameras. I'm surprised the "ticket" even went through a court, usually it is a private company that does everything and you have no due process.

Edited by mk_378

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OMG...i got a ticket at that same damn light. in the state of WA your suppose to keep your addy current for your DL and vehicle. which he did'nt do.

 

While you're right about that (and most states have a similar requirement) that still doesn't prove he did or did not receive it, even if they had mailed it to the current address.

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From http://www.kirotv.com/news/news/tacoma-officer-sues-fife-says-traffic-ticket-ruine/nGJXg/

 

FIFE, Wash. — A Tacoma police lieutenant is suing the city of Fife, claiming a $124 red light camera ticket has ruined his credit.

 

Lt. Anthony Abuan filed the suit in Pierce county superior court in late December after being photographed at the intersection of 54th Avenue and 20th Street in Fife on Jan. 1, 2009.

 

In the suit, Abuan claims he had no idea he had been photographed and accused of an infraction. The suit states the ticket for the infraction was mailed to Abuan’s address in Eatonville, but Abuan receives mail at a post office box and not at the home where he lives.

The suit said Abuan claims the ticket was returned to Fife municipal court, and eventually wound up being turned over to a collection agency without Abuan’s knowledge.

 

The suit said Abuan was denied due process to contest the infraction and that the unpaid fine and collection attempt ended up on his credit report claiming he “is now disqualified from eligibility for the lowest interest rates available for such items as his 2010 home refinance loan and his requests for an extension of increased credit limits, which amount to a taking of his property rights without due process of law.”

 

Abuan is suing for unspecified damages monetary damages as well as “The pain, suffering, embarrassment, both mental and physical, experienced and with reasonable probability to be experienced in the future,” the suit said.

 

The suit is scheduled for trial in June.

 

I hope he wins, and wins BIG.

 

:good:

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this same thing has happened to countless people.

I'd be surprised if he wins, law enforcement or not.

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I lived in the area and the CA they send to is Alliance One in Gig Harbor, WA. They are known to send out things to old addresses, amongst tons of other under handed tactics. He is lucky in Fife all he got was a red light ticket (man I hate those). The police in Fife are horrible.

 

Megan

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