Opinion
Case No.: CV-99-0412-P-L.
October 3, 2000.
AFFIDAVIT OF MELISSA BLACK TENERY
On November 19, 1996, I purchased a new 1996 Hyundai Accent from Grady Buick Co., Inc. in Mobil, Alabama. Aegis Auto Finance, Inc. financed the purchase. Payments were to be made on the note in monthly installments. I made my monthly payments in a timely manner for approximately six to seven months. My husband and I were having some financial problems and missed some payments starting in June 1997.
Approximately two weeks after my first missed payment, around June 15, 1997, I received a telephone call at my home by a man identifying himself as Rocky Ford, a collection agent for Aegis. I am certain that the individual that called me, identifying himself as Rocky Ford, worked for Aegis and was the same person every time. I called Aegis and asked for Rocky Ford on two different occasions and it was his voice that answered.
Starting with this first conversation, Ford used strong profanity, abusive language and interrogated me about my personal life Ford told me that I needed to get my "shit straight." He asked me where I worked, how much I made, whether I was married, who my husband was, whether we had kids and whether marital or financial problems were the reason I was not paying.
Starting with this first call, Ford made approximately twenty calls, that I am aware of, to my home and work despite my persistent objections. On one occasion, Ford called me at work and asked to speak to my supervisor. Ford said he wanted to find out when I was going to get a paycheck again. I told him that it was none of his business and that he could not speak to my supervisor. I asked Ford, "Do you want me to lose my job?" Ford responded, "Well, if you lose your job, then we can come get the car". Also, in reference to my job, he said, "Your boss must be fucking stupid to have you, I wonder if he knows you can't even pay your own car note, if we come get the car, you won't be able to get to work and you will lose your job." Despite my express objection, however, Ford did eventually contact my supervisor. When he spoke to my supervisor, it is my understanding that Ford made derogatory statements about me and asked my supervisor if I was going to lose my job due to my marital problems. Understandably, my supervisor did not appreciate being called by a collection agent and my supervisor told Ford not to call our office again. This did not stop Ford, who called several more times after that.
Additionally, in relation to my job, Ford stated, "If I come get the car, you will lose your job." He also said, "I can send somebody to get the car in front of your work and embarrass you." I interpreted these statements as indicating that he was willing to disrupt my work to such an extent that it would threaten my job. Other of Ford's calls to my work made me feel that Ford was stalking me. Ford made comments such as, "How do you know that I am not across the street watching you," "You don't know where I am calling from," and "How do you know I can't see the car right now."
Throughout the course of Ford's calls to me, he continued to use profanity, abusive language, threats, inquiries into and references to my personal life, financial situation, marital problems and psychological state in an attempt to harass and intimidate me. Ford even threatened me with criminal prosecution.
Ford's calls often came very late at night and very early in the morning. Many of the calls occurred after 11:00 o'clock at night. One such call woke us up at 11:30 p.m. Ford said he was calling to warn me to make sure that I had all of my "shit" out of his car by morning, that he would be at my home "bright and early" to get it. In the same conversation, Ford stated, "I will get the money from you either one way or another, and I'll start with your kids' clothing." I began to cry because my nerves were gone. At 7:00 a.m. the next morning, Ford called again. When I confronted him regarding his call to us at 11:30 the previous night, he denied having called us. This was a pattern. Ford would call late at night and then the next day deny that he had done so. He would tell me that I must be losing my mind, that I did not know what the "hell" I was talking about when I accused him of having called the night before. These kinds of cruel mind games caused me to start questioning my own self. Fortunately my husband was there most of the time to verify that the call had actually occurred. My husband became so used to the calls that he could tell that it was Ford simply by my facial expressions (or because I was often in tears by the end of the call).
The late night calls also tended to be the most profane and abusive. On some of the occasions it seemed as if Ford were drunk and enjoyed tormenting me. Ford would make especially degrading comments inch as, "Who the fuck do you think you are that you can walk around and not make your car notes."
On a number of occasions, Ford also spoke in a threatening and/or profane manner to my husband, Charles Black, my young children and even their baby-sitter. Once, my six-year-old son Sean picked up the telephone before I could get to it. Ford told him that if I did not get my "shit" out of the car "your mommy will be going to jail." Ford threatened my husband with garnishment of his wages even though the car is in my name only. Ford also called my parents suggesting that they were responsible for the debt and that he would put a lien on their home.
The call to my parents came after I mistakenly mentioned, under his pressure, that I might be able to get the money from my parents. Later, after I changed my mind about asking them for the money, Ford kept bringing them up to me. He made vindictive comments such as, "Your dad must be old and feeble if he can't give you that little amount of money, I hope nothing happens to him," and "What kind of daughter calls her old and feeble parents for money."
It is also my understanding that Ford called and spoke to our babysitter, Amy Hinton, while my husband and I were away from our home. It is my understanding that he used profanity with her and scared her badly. She called her parents and would not open the door until they identified themselves.
Ford even called me during my daughter's birthday party. I told him that we were celebrating her birthday and to leave us alone. Ford, in a sarcastic, threatening tone, told me to tell her to have a happy birthday. It is difficult to communicate the tone and sinister quality of this comment in writing. It ruined the day for me and caused me to worry for my child's safety that this man knew who and where she was.
All of this wore me down psychologically. I finally offered to allow Ford to simply repossess the car. He would never come pick it up, but continued his harassing calls.
I repeatedly called Aegis to make complaints about Ford, but my calls were left on hold and my messages ignored and never returned. I did finally get put through to who I understood to be Ford's supervisor. I left a voice message briefly describing Ford's behavior, but I was never called back.
During the time period that Ford was calling me, I admittedly was suffering difficulty with my marriage and our financial situation. The conduct of Ford was, however, enough, in and of itself; to put extreme strain on me emotionally and additional pressure on my already strained marriage. It caused me to suffer depression, anxiety, guilt and humiliation in front of my husband, children, parents, neighbors and employer. It was especially hurtful for my children to be exposed to such harsh language and the implication that their mother was a deadbeat and possible criminal. It also caused me greater pain to see them afraid.
Ford's strong language and the threatening references to my children caused me to needlessly suffer fear. Many of the calls did not even involve the debt, but were simply accusations and threats. I felt like I was being stalked instead of being asked to pay a debt. I felt that I warn constantly looking over my shoulder, worried that someone was going to show up in the middle of the night and frighten my children, worried that I should move the car away from the house or that my kids could be hurt if something happened. I felt that I could no longer leave my children with a babysitter.
In large part. as a result of the anxiety and stress inflicted by Ford, I was forced to seek psychiatric help. I entered Charter Hospital on July 13, 1997 for approximately one week. To the best of my recollection and belief; my charges for the hospitalization totaled approximately $12,000.00. I feel that approximately 40% of my treatment related directly to my experience with Ford. Ford called me after I got out of the hospital. He told me that I was obviously "out of my mind" and needed to go back to the hospital because I was not in the right mental state. Shortly thereafter I was contacted by a representative of Systems Seivices Technology (SST) who stated that they had taken over the servicing of the debt and that Ford was no longer assigned to my account or employed by Aegis.
Respectfully submitted,
MELISSA BLACK TENERY
STATE OF ARIZONA
COUNTY OF PIMA
Before me, the undersigned notary public in and for said county and state, personally appeared MELISSA BLACK TENERY and who being first duly sworn on oath, depose an say that the foregoing statement is true and correct to the best of his information, knowledge and belief on this 2nd day of October, 2000.
Kent Page _________________ NOTARY PUBLIC
My Commission Expires: October 16, 2001
AFFIDAVIT OF AMY HINTON
I, the undersigned, Amy Hinton, do hereby aver and affirm that the following is true and accurate to the best of my belief and knowledge:
Over the course of the summer of 1997 I babysat Melissa and Charles Black's children on an occasional basis. I was fifteen years old at the time. During the middle to end of the summer I can recall several instances when Rocky Ford, collection agent for AEGIS, called the Black home.
The first time he called, I was alone at the Blacks' house babysitting. This is the call that most sticks out in my mind. It was on a weekend night. It was already dark outside at the time. I told him that Melissa was not home and asked if I could take a message. He screamed at me to "tell that bitch to get her shit out of my flicking car" and threatened that if I were to lock the car in the "flicking" garage, he would break down the door and get the car out. He said, "Don't think I won't and don't get in my way." He then slammed the phone down in my ear. I was very shaken and scared by this and called my mother. I then went around making sure all the doors were locked and I was not going to let any one in until they identified themselves. Here I was, a fifteen-year old girl babysitting two small children with some man calling screaming, cussing and making threats.
Ford called on at least two other occasions while I was babysitting at the Black home. The second time he asked, in a rude, impatient manner, where Melissa was. When I told him she was out he made some sound like he was disgusted and hung up the phone. He did not even leave a message or say goodbye. The third time he called Melissa was at home. I simply answered the telephone and handed it to Melissa. I recall her telling him to quit harassing her.
This situation with Ford really changed Melissa Black's disposition. She simply did not seem to be herself during the time Ford was calling. She seemed very scared, anxious and stressed. You could tell that she was worried every time the phone rang because it might be him calling.