{"took":86,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":10,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"5262908","_score":17.273132,"_source":{"product":"Debt collection","complaint_what_happened":"On XX/XX/2021 we were notified by Portfolio Recovery Associates , LLC of an alleged debt. We responded on XX/XX/2021 disputing the debt and requesting that documentation be provided to validate the debt. Rather than validating the debt, we instead continued to be contacted for purposes of collecting the debt, despite failing to validate it per our dispute request. On XX/XX/2021 after receiving another attempt to collect via mail I sent a second notice to Portfolio Recovery Associates , LLC reiterating our dispute of the debt and notifying them that they were now in clear violation of the Fair Debt Collection Practices Act by ignoring our request not to be contacted for purposes of collecting the debt until such a time they could validate it. After this second letter was sent, Portfolio Recovery Associates responded to the dispute by providing some of the documentation we requested to validate the debt and their legal ability to collect on it, but failed to provide satisfactory documentation to validate all of our concerns. Because of this I responded to them via mail on XX/XX/2021 requesting that they provide the additional documents that they had failed to provide and reiterated that we are still in dispute of the debt. Portfolio Recovery Associates responded to this request by re-sending the exact same documentation they had previously provided us while still failing to provide the other requested documents such as proof of their being licensed to collect debts in California and proceeded to threaten us with a lawsuit as a means of intimidation and to prevent having to provide the documentation we requested. Despite being in good faith negotiations regarding a disputed debt, we were concerned over this legal threat and decided to make a payment to Portfolio Recovery Associates as a delay tactic while we decided what to do about our legal dispute requests going ignored while simultaneously being threatened with legal action, despite remaining in ongoing good faith communication with Portfolio Recovery Associates. \n\nTo our surprise, shortly after making this payment we received a lawsuit stipulation for settlement letter from Portfolio Recovery Associates indicating they had sued us despite not informing us that a lawsuit was being filed and despite the fact we were still in ongoing communication with them regarding a dispute that had not been settled. We have already suffered violations of the Fair Debt Collection Practices Act by Portfolio Recovery Associates , LLC from other debts that they ultimately were unable to verify and were written off. Due to this past history with Portfolio Recovery Associates we had every reason to be wary and demand documentation validating the debt as well as their legal ability to collect on any debt they could validate. The threatening and filing of lawsuit without notifying us while failing to provide all the requested documentation is exactly why they should be worried about a lawsuit. If they want a settlement, then we will offer on on our terms if they wish to avoid going to court to resolve the issue.","date_sent_to_company":"2022-02-25T23:07:03.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Credit card debt","zip_code":"92026","tags":null,"has_narrative":true,"complaint_id":"5262908","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Portfolio Recovery Associates, LLC","date_received":"2022-02-25T22:37:15.000Z","state":"CA","company_public_response":null,"sub_issue":"Sued you without properly notifying you of lawsuit"},"highlight":{"complaint_what_happened":["Portfolio Recovery Associates responded to this request by re-sending the exact same documentation they had previously provided us while still failing to provide the other requested documents such as proof of their being licensed to collect debts in California and proceeded to threaten us with a <em>lawsuit</em> as a <em>means</em> of <em>intimidation</em> and to <em>prevent</em> <em>having</em> to provide the documentation we requested."],"sub_issue":["Sued you without properly notifying you of <em>lawsuit</em>"]},"sort":[17.273132,"5262908"]},{"_index":"complaint-public-v1","_id":"13136119","_score":11.627558,"_source":{"product":"Debt collection","complaint_what_happened":"To the Nebraska Counsel for Discipline and the Minnesota Office of Lawyers Professional Responsibility : I, XXXX XXXX, am filing a formal complaint against attorneys XXXX XXXX XXXX, of XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX, for engaging in repeated bad faith litigations, abuse of court processes, intimidation, and professional misconduct in multiple lawsuits filed on behalf of XXXX XXXX, XXXX, a known predatory debt buyer. I believe their conduct violates Nebraska and Minnesota Rules of Professional Conduct, the Fair Debt Collection Practices Act ( FDCPA ), Fair Credit Reporting Act ( FCRA ), Americans with Disabilities Act ( ADA ), Civil Law, and Nebraska statutory law. \n\nI am a XXXX and XXXX XXXX and this relentless abuse has caused severe XXXX XXXX XXXX XXXX XXXX XXXX I have been forced to defend against three lawsuits in eight months, two of which were based on the same dismissed account, two simultaneously, and none of which were properly substantiated and have been reported to the authorities as fraudulent resulting from identity theft in XXXX. \n1. Frivolous and Duplicative Lawsuits Filed in Bad Faith Case No. XXXX was filed by XXXX XXXX XXXX XXXX XXXX XXXX XXXX shortly after I disputed a fraudulent account that had been placed in my locked and fraud-alerted credit file in mid XXXX. This lawsuit was dismissed in XX/XX/XXXX after the plaintiff failed to appear in court. \nXXXX XXXX. XXXX, filed shortly after the 1st also by XXXX XXXX which involved a separate account that was also disputed and then again immediately filed suit for, and was likewise dismissed in XX/XX/XXXX after the plaintiff again failed to appear and refused to respond to discovery. \nNow, XXXX XXXX. XXXX, filed by XXXX XXXX XXXX XXXX XXXX XXXX Firm ) in XX/XX/XXXX, attempts to sue me again for the same fraudulent {$970.00} debt that was previously dismissed in XXXX, without following any proper legal procedures or guidelines. \nThese repeated filings violate : ( short list ) XXXXXXXX XXXX XXXXXXXX. XXXX ( Frivolous litigation ) Nebraska Rules of Professional Conduct, including : XXXX XXXXXXXX : Frivolous or non-meritorious claims Rule XXXX : Lack of candor toward the tribunal Rule XXXX : False statements of material fact Rule XXXX : Conduct prejudicial to the administration of justice Minnesota Rules of Professional Conduct, which mirror the above This abuse of the court system is an intentional strategy to harass, threaten, intimidate, and break down a vulnerable litigant.\n\n2. Violations of the Fair Debt Collection Practices Act ( FDCPA ) XXXX XXXX and their attorneys have repeatedly and willfully violated : ( short list ) 15 U.S.C. 1692d : Harassment and abuse 15 U.S.C. 1692e : False, deceptive, or misleading representations 15 U.S.C. 1692f : Unfair or unconscionable means 15 U.S.C. 1692g : Failure to provide validation of debt 15 U.S.C. 1692c ( c ) : Continuing collection after cease and desist They have repeatedly sued without any warning or notice, following any proper procedures, refused to validate the alleged debts, and accessed my locked, fraud-alerted credit reports several years after the initial identity theft without my authorization, nor do they even relate to my personal identity information, or correspond to anything on my locked credit files. They only attained my personal information when the credit bureaus gave it to them which was triggered by the dispute of my credit files. ( Complaints will be filed against them as well for their violations. ) 3. Abuse of Court Resources and Harassment These lawyers are using court filings not as a means of legal remedy, but to intimidate, threaten, and coerce me a vulnerable individual into paying to get them to stop : I have spent hundred 's of extremely stressful hours defending myself, filing motions, attending hearings, and drafting/printing paperwork without any legal help.\n\nI have tied to correct my credit files and stop the unauthorized and illegal access to my personal information by XXXX XXXX and their attorneys. \nI have experienced multiple panic attacks, increased physician recommended medication, physical stress reactions, and emotional breakdowns. \nThe court system is being misused, wasting public resources and inflicting unnecessary trauma. \nI have filed numerous cease and desist letters, FTC complaints, and CFPB complaints all ignored. Instead, they continue switching lawyers and re-filing lawsuits on already dismissed fraudulent debts. The current attorney has also been made aware, yet continues. I have also filed numerous counter-claims, sanctions, requests for judgements against them, requests for compensation for their clear violations, and motions that have all been ignored.\n\n4. Jurisdictional Abuse and Unauthorized Practice In addition to the aforementioned misconduct, it must be noted that XXXX XXXX XXXX is operating as lead counsel and XXXX of the court within Nebraska while, upon information and belief, being a resident attorney primarily based in the state of Minnesota. While she may be associated with the Gurstel Law Firms XXXX XXXX, her licensing status and primary bar admission appear to be tied to the State of Minnesota, not Nebraska. \n\nFurthermore, this mirrors the conduct of the prior attorneys in this matterspecifically XXXX XXXX and XXXX XXXX XXXX who were also based in Minnesota and attempted to represent XXXX XXXX, XXXX in Nebraska without fully disclosing or clarifying their jurisdictional authority or legal standing to operate as lead counsel in this state. \n\nThis pattern of attorneys outside Nebraska jurisdiction repeatedly filing actions in Nebraska courts on behalf of XXXX XXXX without clearly stated pro hac vice permissions or local standing gives rise to serious concern over possible unauthorized practice of law in violation of : Nebraska Supreme Court XXXX XXXX through XXXX, governing practice by nonresident attorneys. \nRule XXXX : Misconduct involving dishonesty, fraud, deceit, or misrepresentation. \nRule XXXX : Unauthorized Practice of Law.\n\nMoreover, this conduct represents abuse of jurisdictional processes by forum shopping and using the Nebraska court system in a repetitive and harassing manner, causing undue burden on myself the Defendant, the judicial system, and state resources.\n\nThis behavior, combined with their disregard of Nebraska procedural rules, the filing of repetitive lawsuits on previously dismissed debts, and the failure to comply with basic court mandates ( such as appearing in court and responding to discovery ), constitutes abuse of the legal process, and raises the question of systemic and strategic misuse of the courts for coercive predatory debt collection. \n\nThe Counsel for Discipline of both the Nebraska Supreme Court and the Minnesota XXXX XXXX XXXX XXXX XXXX are respectfully urged to investigate these repeated jurisdictional irregularities and take appropriate disciplinary and regulatory action to prevent further misuse of both state court systems. \n\nBoth XXXX XXXX and XXXX XXXX are based in Minnesota and have filed lawsuits in Nebraska without ever appearing in court, responding to discovery, or showing any good faith attempts. I request an investigation into : Whether they were properly admitted to practice in Nebraska Whether their failure to appear in court, particularly in XXXX XXXX. XXXX and XXXX, rises to the level of misconduct. ( Yet, if I dont appear XXXX end up with a default judgement. ) 5. Emotional and Physical Harm Victim Impact This process has devastated my life. Im again living in constant fear, with worsening physical health, and deep mental and emotional distress. I suffer from : Chronic illnesses with incapacitating anxiety and physical flare-ups worsened by stress Medication changes and doctors intervention due to the additional health strain Isolation, fear, and mysterious threatening phone calls about warrants for my arrest if I dont pay up Inability to afford help, including being denied by Legal Aid of Nebraska despite repeated attempts unless they try to garnish my SSDI ( my only income ).\n\nInability to further dispute any credit bureau inaccuracies due to fear of further intolerable retaliation and harassment I sincerely believed the nightmare was finally over after the second case was dismissed and the credit bureau 's deleted their entries, but XXXX just changed attorneys and refiled, proving this is their standard abuse tactic. \n\n\n\n6. Relief Requested I respectfully request that the Nebraska Counsel for Discipline and Minnesota Office of Lawyers Professional Responsibility : Investigate XXXX XXXX XXXX XXXX XXXX Firm and XXXX XXXX XXXX XXXX XXXX and their association with XXXX XXXX, XXXX XXXX potential violations of : Nebraska and Minnesota XXXX XXXX Rules FDCPA FCRA ADA violations Civil abuse statutes ( Neb. RevXXXX XXXX XXXX XXXX Issue formal sanctions, including suspension, censure, or disbarment Issue a directive to prohibit repeated lawsuits on previously dismissed and fraudulent accounts 7. Supporting Documents ( Available Upon Request ) Dismissal orders for Cases XXXX and XXXX Complaint and filings for Case XXXX21 as well as my 22 page response with motions, violations, and counterclaims.\n\nIdentity theft documentation Medical letter FTC and CFPB complaints Cease and desist letters ( served on XXXX XXXX and XXXX & XXXX ) I sincerely urge you to act on this complaint not only to protect me but to prevent this repeated pattern of intentional abuse from continuing against others.","date_sent_to_company":"2025-04-23T23:37:45.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Credit card debt","zip_code":"690XX","tags":"Servicemember","has_narrative":true,"complaint_id":"13136119","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Gurstel Law Firm, P.C.","date_received":"2025-04-23T23:23:27.000Z","state":"NE","company_public_response":null,"sub_issue":"Sued you without properly notifying you of lawsuit"},"highlight":{"complaint_what_happened":["I am a XXXX and XXXX XXXX and this relentless abuse has caused severe XXXX XXXX XXXX XXXX XXXX XXXX I <em>have</em> been forced to defend against three <em>lawsuits</em> in eight months, two of which were based on the same dismissed account, two simultaneously, and none of which were properly substantiated and <em>have</em> been reported to the authorities as fraudulent resulting from identity theft in XXXX. \n1. Frivolous and Duplicative <em>Lawsuits</em> Filed in Bad Faith Case No."],"sub_issue":["Sued you without properly notifying you of <em>lawsuit</em>"]},"sort":[11.627558,"13136119"]},{"_index":"complaint-public-v1","_id":"7107710","_score":11.618196,"_source":{"product":"Mortgage","complaint_what_happened":"Shellpoint Mortgage Servicing has scheduled an illegal, fraudulent, and willfully oppressive sale of real property pursuant to a power of sale in a mortgage or deed of trust of my property for XX/XX/XXXX, although I have not defaulted on my legal obligations. The servicer is the party in default and lacks the authority to invoke the power of sale. \n\nA mortgage loan is a contract with mutual obligations. The duty created by the DOT to make monthly payments is constructively conditioned on the creditor 's duty to accept and not hinder payments. The servicer actively prevented performance by violating the contract as per the FTC by overcharges not refunded, inducing skipped payments with false promises of improved loan terms, and refusing tender of the amount due. I was wrongly placed in default and the lack of authority to modify was concealed from me for two years. Their material failure to perform prevented the condition of my performance from becoming due as the constructive condition of exchange was not met. \n\nThe servicer 's actions placed them in breach and their debt collection activities violate the FDCPA. \n\nFALSE OR MISLEADING REPRESENTATIONS A debt collector is prohibited under state and federal consumer law from using any false, deceptive, or misleading representation or means in connection with the collection of any debt. \n\n15 U.S.C. 1692e ( 2 ) ( A ) specifically prohibits the false representations of the character, amount, or legal status of any debt.\n\n15 U.S.C. 1692e ( 10 ), prohibits using false representations or deceptive means to collect or attempt to collect any debt. \n\nShellpoint Mortgage Servicing has filed a document in XXXX XXXX records characterized as a notice of sale ( NOS ) which contains numerous misrepresentations in connection with attempting to collect a debt. \n\nThe NOS represents by implication that they have complied with their legal and contractual obligations and are acting within the scope of their authority under the DOT and civil code. The NOS expressly represents that I have defaulted on my legal obligations.\n\nThese representations are false. The servicer has materially failed to perform and lacks the authority to file an NOS under the DOT or California law. The recorded document is instead a debt collection notice and subject to the FDCPA.\n\nThe NOS misrepresents the debt as a figure inflated by interest, charges, and fees not authorized by the loan contract or by Applicable Law and thus in violation of 15 U.S.C. 1692c ( 2 ) ( A ) which prohibits, \" The false representation of the character, amount, or legal status of any debt. '' The representations set forth in NOS are false or misleading and constitute a deceptive act or practice. \n\nUNFAIR PRACTICES A debt collector is prohibited under state and federal consumer law from engaging in any unfair act or practice in connection with the collection of a debt. \n\nThe servicer 's failure to perform defeated the purpose of the contract : the repayment of the borrowed funds. I was deprived of my reasonably expected benefits and caused substantial financial injury. Instead of applying my funds to decrease the loan balance those funds had to be used to prevent a wrongful foreclosure and the cost far exceeds monthly payments. Meanwhile, the servicer has increased the debt with high interest, charges and fees not authorized by the DOT or Applicable Law.\n\nThe amount demanded by the debt collection notice is in dispute, unsubstantiated, and in violation of 15 U.S.C. 1692f which prohibits, \" The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. '' Please see attached dispute of debt letter. \n\nIt is unfair for a debt collector to frustrate the purpose of the contract by actively preventing a borrower from making payments. \n\nIt's unfair for a debt collector to use fraudulent means to interfere with a borrower 's performance and use that to inflate the debt. \n\nThis conduct has caused and will continue to cause substantial injury. Because of the imbalance of power, substantial injury can't be avoided. \n\nIn my efforts to resolve this with the servicer, I've provided sworn testimony to their breach and the consequent financial injury. The cost of preventing a wrongful foreclosure has far exceeded the total payments their breach prevented. Meanwhile, charges, fees, and interest inflated the loan balance by {$200000.00} over than it would have been if they'd performed. This is an amount to which they are not entitled and is in dispute. \n\n\" If XXXX XXXX wrongfully placed XXXX 's loan in foreclosure, as XXXX alleges, then it had no right to demand payment of additional fees and interest to reinstate the loan. XXXX XXXX could not take advantage of its own wrong. ( Civ. Code, 3517. ) '' Ragland v. US Bank National Assn., 209 Cal. App. 4th 182, 147 Cal. Rptr. 3d 41 ( Ct. App. 2012 ). \n\nIn order for contract performance to resume it was necessary for the servicer to cure their material failure to perform by removing those amounts not authorized by the loan contract or Applicable Law to which they are not entitled. But they refused and instead offered a modification that included those amounts upon which they would earn interest on their own wrongdoing. It was a take-it-of-leave-it offer with the implicit threat of foreclosure. \n\nIt's unfair for a debt collector to use their superior bargaining power to try to increase their profit by causing financial injury to a consumer. They are leveraging the disparity of bargaining power and trying to avoid their own liability for contract damages. \n\nWhen the servicer refused to cure their material failure to perform that constituted a total breach of contract, see Restatement Second of Contracts 241. When they instead offered the modification that constituted a repudiation under 253 as a refusal to perform. Individually or together this resulted in a failure of consideration.\n\nHARASSMENT AND ABUSE A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse. \n\n15 U.S.C. 1692e ( 5 ) specifically prohibits the threat to take any action that can not legally be taken or that is not intended to be taken.\n\nThe servicer is threatening to take nonjudicial action to effect the dispossession of property when there is no present right to the possession of the property claimed as collateral through an enforceable security interest in violation of 15 U.S.C. 1692f ( 6 ) ( A ). \n\nThe servicer lacks the authority to foreclose under the DOT because their willful failure to perform and refusal to cure has resulted in a failure of consideration. While the debt still exists there is no longer an enforceable security interest. \n\nThey are now using the threat of a foreclosure sale as leverage to avoid their own liability for contract damages and to intimidate. Instead of negotiating fairly, the threat is being used so that I will agree to let them benefit from their own wrongdoing at my expense. \n\nThey are abusing their position with the power to affect my material interests and using the power of sale in an unlawful and coercive manner to extract money from a consumer. \n\nThe NOS demands payment of an unsubstantiated debt, an amount in dispute and far above the actual debt. If that amount is not paid by XX/XX/XXXX they threaten to sell my home. While this can't be done lawfully and even though they must be aware that following through would result in a wrongful foreclosure lawsuit it is still a viable threat and a formidable means of persuasion. \n\nThe servicer is weaponizing the power of sale to use in erroneous debt collection. The method employed is similar to one used by XXXX organizations : the mock execution. The victim is told of their impending death but at the last moment, the execution is canceled. The anticipation of pain and loss is effective in intimidation and subjugation. It is considered psychological torture it causes feelings of terror, grief, fright, and despair and is widely condemned by civilized nations and XXXX XXXX. \n\nSimilarly, the servicer schedules a sale of my home of 33 years and then cancels just hours or even minutes beforehand. This is deliberate conduct intended to inflict pain. The servicer has subjected me to this barbaric coercion a couple of dozen times. It is intended to cause psychological trauma, its natural consequence is to harass, oppress, and abuse in connection with the collection of a debt. Its foreseeable consequence given the severity, frequency, and repetition is psychological harm, foreseeably it may cause physical damage as well. It is also possible for the damage to be permanent. The severe stress induced by this unlawful practice XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. This is painful, has limited my mobility and is worsening. The servicer is aware of the injury caused by their wrongful debt collection practices but persists. \n\nThey are threatening to do something they can not legally do and that will cause me irreparable harm unless I give them money to which they are not entitled. It is attempted extortion. \n\nThe non-judicial foreclosure system is intended to be a means of facilitating the transfer of title for delinquent borrowers. It is not intended to be used to inflict psychological torment on consumers in wrongful debt collection. For federally regulated entities to employ these terrorist-style tactics in debt collection is outrageous. \n\nIt is abusive for a debt collector to use deceptive, unfair, and unlawful means to cause a consumer financial, emotional, and physical injury in connection with the collection of a debt. \n\nThey are leveraging these circumstances to take unreasonable advantage of the unequal bargaining power and my inability to adequately protect my interests. This constitutes abusive conduct under Consumer Financial Protection Bureau, Policy Statement on Abusive Acts or Practices XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nIt is impossible to fulfill a mortgage loan contract if the servicer chooses to withhold their cooperation. Unfortunately, failing to cooperate can be very profitable with a high-interest rate loan and equity in a desirable location. It's easily done, borrowers rarely fight back and there are no consequences. \n\nThe utility of a bilateral contract is that both parties perform to avoid the loss of the expected benefit. This balance is lost altogether if the stronger party benefits even more from non-performance and this places consumers at risk.","date_sent_to_company":"2023-06-12T06:54:11.000Z","issue":"Struggling to pay mortgage","sub_product":"Conventional home mortgage","zip_code":"954XX","tags":"Older American","has_narrative":true,"complaint_id":"7107710","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Shellpoint Partners, LLC","date_received":"2023-06-12T06:32:55.000Z","state":"CA","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":null},"highlight":{"complaint_what_happened":["The cost of <em>preventing</em> a wrongful foreclosure has far exceeded the total payments their breach <em>prevented</em>. Meanwhile, charges, fees, and interest inflated the loan balance by {$200000.00} over than it would <em>have</em> been if they'd performed. This is an amount to which they are not entitled and is in dispute. \n\n\" If XXXX XXXX wrongfully placed XXXX 's loan in foreclosure, as XXXX alleges, then it had no right to demand payment of additional fees and interest to reinstate the loan."]},"sort":[11.618196,"7107710"]},{"_index":"complaint-public-v1","_id":"12651504","_score":10.918983,"_source":{"product":"Debt collection","complaint_what_happened":"MCM - Midland Credit Management Improper Service, Perjury, & Corruption ( Georgia ) I have already filed a Judicial Qualifications Complaint ( see attached ) against the judge on this matter and will continue to escalate complaints to the appropriate state and federal authorities for all those involved in this illegal debt collection attempt, abuse of the legal system, and the repeated violations of my constitutional rights. Congress made clear in the Fair Debt Collection Practices Act that debt collectors must tell the truth to consumers. It also empowered consumers to act when debt collectors break the law.\n\nIn civil cases, collusion involves parties secretly agreeing to a specific outcome or manipulating the legal process for an unfair advantage, often to defraud others or obtain an illegal objective.Civil conspiracy is a related concept, where parties agree to commit a wrongful act, such as fraud or deceit, to harm a third party.Collusion is when two or more parties secretly agree to defraud a third-party ( the defendant in this matter ) of their rights or accomplish an illegal purpose.\n\nDetails and relevant statutes herein.\n\nGeorgias Rule of Professional Conduct indicate ( you will be DEPOSED ) : RULE 8.4 MISCONDUCT * It shall be a violation of the Georgia Rules of Professional Conduct for a lawyer to : * violate or knowingly attempt to violate the Georgia Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another; * be convicted of a felony; * be convicted of a misdemeanor involving moral turpitude where the underlying conduct relates to the lawyer 's fitness to practice law ; * engage in professional conduct involving dishonesty, fraud, deceit or misrepresentation; * fail to pay any final judgment or rule absolute rendered against such lawyer for money collected by him or her as a lawyer within ten days after the time appointed in the order or judgment; * state an ability to influence improperly a government agency or official by means that violate the Georgia Rules of Professional Conduct or other law ; * state an ability to achieve results by means that violate the Georgia Rules of Professional Conduct or other law ; * achieve results by means that violate the Georgia Rules of Professional Conduct or other law ; * knowingly assist a judge or judicial officer in conduct that is a violation of applicable Rules of judicial conduct or other law ; or * commit a criminal act that relates to the lawyer 's fitness to practice law or reflects adversely on the lawyer 's honesty, trustworthiness or fitness as a lawyer, where the lawyer has admitted in XXXX, the commission of such act. \n\nRULE XXXX MERITORIOUS CLAIMS AND CONTENTIONS In the representation of a client, a lawyer shall not : * file a suit, assert a position, conduct a defense, delay a trial, or take other action on behalf of the client when the lawyer knows or when it is obvious that such action would serve merely to harass or maliciously injure another ; * knowingly advance a claim or defense that is unwarranted under existing law, except that the lawyer may advance such claim or defense if it can be supported by good faith argument for an extension, modification or reversal of existing law.\n\nThe maximum penalty for a violation of this rule is a public reprimand.\n\n4 ] A lawyer should use the law 's procedures only for legitimate purposes and not to harass or intimidate others. A lawyer should demonstrate respect for the law, the legal system and for those who serve it, including judges, other lawyers and public officials. While it is a lawyer 's duty, when necessary, to challenge the rectitude of official action, it is also a lawyer 's duty to uphold legal process.\n\n[ 11 ] The legal profession 's relative autonomy carries with it special responsibilities of self-government. The profession has a responsibility to assure that its regulations are conceived in the public interest and not in furtherance of parochial or self-interested concerns of the bar. Every lawyer is responsible for observance of the Georgia Rules of Professional Conduct. A lawyer should also aid in securing their observance by other lawyers. Neglect of these responsibilities compromises the independence of the profession and the public interest which it serves. [ 12 ] The fulfillment of a lawyer 's professional responsibility role requires an understanding by them of their relationship to our legal system. The Georgia Rules of Professional Conduct, when properly applied, serve to define that relationship.\n\nRULE 1.1 COMPETENCE A lawyer shall provide competent representation to a client. Competent representation as used in this rule means that a lawyer shall not handle a matter which the lawyer knows or should know to be beyond the lawyer 's level of competence without associating another lawyer who the original lawyer reasonably believes to be competent to handle the matter in question. Competence requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.\n\nThoroughness and Preparation [ 5 ] Competent handling of a particular matter includes inquiry into and analysis of the factual and legal elements of the problem, and use of methods and procedures meeting the standards of competent practitioners. It also includes adequate preparation. The required attention and preparation are determined in part by what is at stake ; major litigation and complex transactions ordinarily require more elaborate treatment than matters of lesser consequence.\n\n4:11. Communications with Unrepresented Persons Rule of Professional Conduct 4.3 provides that : * In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not : * State or imply that the lawyer is disinterested ; when the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyers role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding ; Its possible for debt buyers to face XXXX charges if their debt collection practices constitute a pattern of racketeering activity or unlawful debt collection related to an \" enterprise ''. \n\n* Proving a XXXX Violation : To successfully prosecute a XXXX case against a debt buyer, the government must prove that their actions constitute a pattern of racketeering activity connected to an enterprise. \n* Civil XXXX Actions : Individuals can also bring civil XXXX lawsuits against debt XXXX if they believe their practices violate XXXX laws. \n\nThe XXXX statute expressly states that it is unlawful for any person to conspire to violate any of the subsections of 18 U.S.C.A. 1962. The government need not prove that the defendant agreed with every other conspirator, knew all of the other conspirators, or had full knowledge of all the details of the conspiracy. XXXX, XXXX XXXX XXXX. at XXXX. All that must be shown is : ( XXXX ) that the defendant agreed to commit the substantive racketeering offense through agreeing to participate in XXXX racketeering acts ; ( XXXX ) that he knew the general status of the conspiracy; and ( XXXX ) that he knew the conspiracy extended beyond his individual role. UXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nGovernment racketeering, often investigated under the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ), involves a pattern of illegal activities, like bribery, fraud, or extortion, used to gain or maintain control of an enterprise, including government entities.WXXXX XXXX XXXX Racketeering is not limited to traditional criminal organizations. Individuals involved in corporate fraud, embezzlement, insider trading, and other white-collar crimes can also be charged with racketeering. The XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) can be applied to cases of government corruption, providing a potent legal tool to combat organized criminal enterprises involved in corrupt activities within government institutions. Government corruption encompasses various offenses, such as bribery, extortion, embezzlement, and abuse of power. Heres how XXXX XXXX apply to government corruption : Enterprise Involvement. XXXX targets individuals or entities involved in an enterprise, which, in the context of government corruption, can refer to criminal organizations or networks operating within government institutions. The enterprise XXXX involve public officials, law enforcement personnel, or individuals working in collaboration with corrupt government officials. \n\nDebt buyers ( or debt XXXX ) must prove they own the debt and are legally entitled to collect it, which often includes providing a copy of the original contract or credit agreement. \n\n* Proving Ownership : When a debt buyer sues you, they must demonstrate they are the rightful owner of the debt they are trying to collect. \n* Required Documentation : This typically involves providing evidence of the debt 's transfer from the original creditor ( e.g., a bill of sale, an assignment, or a receipt ). \n* Original Contract/Agreement : A key piece of evidence is a copy of the original written agreement ( like a loan note or credit card agreement ) that you signed, which proves the debt 's existence and terms. \n* Why Debt Buyers May Resist : Some debt buyers might be hesitant to provide the purchase agreement from the original creditor, as it might contain clauses stating the original creditor makes no representations about the accuracy of the debt information.\n\n* Debt Validation : If you dispute the debt, the debt collector must provide you with \" validation information, '' which includes details about the debt, the original creditor, and the balance owed.\n\n* Dispute Process : If you dispute the debt, you should notify the debt collector in writing within 30 days, and they must stop collection efforts until they provide verification or a copy of a judgment. \n\nI have suffered XXXX XXXX XXXXXXXX and significant lack of sleep due to their unethical business practices and intimidation tactics and will consult a lawyer for a counter lawsuit and call for an investigation into SUSPECTED COLLUSION AND RACKETEERING should Midland not IMMEDIATELY submit the appropriate legal documentation/motion to the appropriate court ( s ) to dismiss/vacate this default judgement and dismiss/vacate any claims for financial compensation or interest immediately. I further demand that they cease and desist ALL collections and communication attempts immediately. Per CFPB, A debt collector is also not allowed to harass, oppress, or abuse you or anyone else they contact. This includes repetitious phone calls with the intent to harass, use of obscene or profane language, and threats of violence or harm.\n\nMCM is in direct violation of the SCAM Debt Act which : Improve transparency by requiring debt collectors to provide consumers an itemization, including information like the name of the original creditor, the account number of the debt, the amount owed, total fees charged on the debt, and the most recent date of default. ( This info has not been provided, documents have been manufactured and proven falsified, and they have been grossly inconsistent ) Guarantee consumers would be able to dispute the debt in the contact method of their choosing, expanding opportunities to exercise their FDCPA rights. ( In my CFPB complaints I specifically requested to dispute via that platform, but they refused and alternatively sued me despite having several an open complaints and disputes ) Define legal action to make sure consumers are also protected in arbitration, enforcement of security interests, garnishment, liens, and mediation. ( This was not defined nor provided ) Expand the requirements that debt collectors must meet to take legal action, including : o providing 30-day written notice of the intent to take legal action, ( This was not defined nor provided ) o proving the consumer agreed to the contact, ( This was not defined nor provided ) o guaranteeing that debt buyers have verifiable information when they go to collect ; and, ( This was not defined nor provided ) o restricting the practices of lawsuit mills by requiring collectors to submit sworn statements of their personal review of relevant documents. ( This was not submitted with the lawsuit nor provided ) Fair Debt Collection Practices Act prohibits debt collectors from making false statements. Importantly, people can sue debt collectors who break the law by lying or providing wrong information. I have repeatedly raised concerns about this debt buyer submitting doctored and fraudulent contracts as proof of this alleged debt. \n\nNo XXXX to XXXX : XXXX '' means a person or business has a legal interest in a case. In collection suits, it means a debt buyer must prove that it legally owns your debt. Because the debt buyer didn't enter into a contract with me, it can only meet the standing requirement by demonstrating that the original creditor sold or assigned the debt to it. Many courts require that the debt buyer produce documents showing the assignment or purchase of the debt which they have NOT provided and I requested this since as early as XX/XX/XXXX ( see attached ). \n\nFurthermore, I have not been afforded rights outlined in the publicly available XXXX agreements for the alleged original creditor as they state : XXXX well-established Georgia law XXXX without proper service or a valid waiver of service, the court does not have jurisdiction over the defendant. See XXXX v. XXXX, XXXX XXXX XXXX, XXXX ( XXXX ). \n\nA fundamental requirement of due process of law is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of an action and afford them an opportunity to present their objections.The notice must reasonably convey the required informationand must afford a reasonable time for those interested to make their appearance. ( Mullane v. XXXX XXXX Bank, XXXX XXXX XXXX ( XXXX ) ). \n\nPursuant O.C.G.A. XXXX, to properly serve a defendant, a plaintiff must comply with O.C.G.A. XXXX, XXXX law governing service of process. Importantly, Georgia requires personal service on a defendant mailing a copy of the lawsuit to the defendant is insufficient. This defendant and this court also did not properly serve or mail me notices to appear in court in XXXX despite being made aware in XXXX that they had and continued to use the INCORRECT ADDRESS. They have thus violated several rights afforded by the constitution by committing perjury on record and leading the judge to believe that proper service was provided in this case which it was NOT. \nThis is a violation of my constitutional rights which indicate : * The XXXX aims to establish justice and secure liberty, which are fundamental principles of a free and just society. \n* Right to a XXXX and XXXX XXXX : This ensures that trials are conducted promptly and openly, preventing lengthy delays and ensuring transparency in the legal process. \n* Right to an Impartial Jury : The accused has the right to be tried by a jury that is unbiased and representative of the community. \n* Right to be Informed of the XXXX and Cause of the Accusation : This means the defendant must understand the charges against them and have sufficient information to prepare a defense. \n* Right to Confront Witnesses : The defendant has the right to face and question the witnesses who testify against them. \n* Right to Compulsory Process for Obtaining Witnesses : The defendant can compel witnesses to appear in court and testify on their behalf. \n* Right to Assistance of Counsel : The defendant has the right to legal representation, including the right to an appointed attorney if they can not afford one.\n\n* Rule of Law : The principle of the rule of law ensures that everyone, including government officials, is subject to the law and that laws are applied fairly and consistently.The attorneys for the Plaintiff committed perjury on several instances in this matter whereas XXXX defines perjury as XXXX Georgia, perjury, or lying under oath, is a serious crime with potential penalties including fines and imprisonment, with harsher penalties if the perjury causes harm, such as imprisonment or death. \n* Here 's a more detailed explanation : Perjury occurs when someone knowingly and willfully makes a false statement under oath in a legal proceeding. This can happen during a trial, deposition, or any other legal proceeding where a person is under oath.\n\n* They did NOT properly serve me at any point in the last 3+ years though they inform the judge in XXXX  that I have been served on multiple occasions. \n\nAs outlined in my original CFPB complaints, the XXXX engaged in illegal debt collection practices and should be investigated thoroughly as they : * Falsely claiming to be attorneys or government representatives : They can not impersonate legal or government officials. ( They did this prior to filing the lawsuit in XXXX ) * Misrepresenting the amount of the debt or its judicial status : They can not misrepresent the amount owed or the status of the debt. ( My complaints clearly indicated many discrepancies in their claims which were never addressed prior to the lawsuit. \n* Trying to collect more than the original amount : They can not try to collect more than the amount originally agreed upon. \n* Communicating with third parties about the debt without your consent : They can not discuss your debt with third parties without your permission. \n\nOn XX/XX/XXXX I filed a Motion to Dismiss ( Case Number XXXX ) after submitting several Consumer Finance Protection Bureau complaints for over a year for a fraudulent debt collection claim ( by MCM ) along with evidence and multiple related statutes. The most significant mention was that XXXX XXXX let alone any Georgia courthouse DOES NOT have jurisdiction over me due to such matters. In this motion I clearly indicated that the XXXX was and continued to INTENTIONALLY utilize the incorrect address to continue their fraudulent case in that court ( essentially never serving me but apparently continuing to mail items to the same incorrect address that they were informed on numerous occasions even prior to filing a lawsuit against me ), but the judge refused to acknowledge any of this, believed their lies ( on record ) that they were \" serving me '' lawfully, and XXXX allowed them to lie on record having made no actual attempts to lawfully address these concerns and patterns of deceit. \n\nI was a victim of a XXXX XXXX XXXX XXXX  XXXXXXXX and have not been in the state for several years due to this instance, XXXX XXXX XXXX XXXX, and due to the harassment and intimidation that I endured by law enforcement and due to the perpetrator. I submitted several complaints against law enforcement and legal officials in Georgia for their obstruction of justice and it seems this order ( as Judge XXXX granted a Motion for Default Judgement on XX/XX/XXXX ) despite the facts of this case, and Georgia XXXX outlined in my Motion to Dismiss is a form of retaliation for me reporting a GA STATE PROSECUTOR EMPLOYEE, XXXX XXXX, for drugging me and raping me XX/XX/XXXX. \n\nA prosecutor has the responsibility of a minister of justice and not simply that of an advocate. This responsibility carries with it specific obligations to see that the defendant is accorded procedural justice and that guilt is decided upon the basis of sufficient evidence. \n\nXXXX had absolutely no lawful or ethical reason to continue to consider let alone XXXX a default judgment in this case as again, my motion to dismiss was sufficient, but their court refused to respond to it to this date and theyve only elected to acknowledge the Plaintiff. \n\nThis is grossly unethical and a violation of my civil and constitutional rights and a form of harassment and intimidation and RACKETEERING. It is believed that this debt collector continued to pursue this case in Georgia with both the court and this plaintiff intentionally using the the incorrect address because the statutes of limitations already expired in my actual state of residence, concerns of collusion due to their discussions with XXXX parties that have nothing to do with me or my personal finances which THEY CAN ALL BE DEPOSED TO REVEAL who and what correspondence has taken place unethically and unlawfully off record. However, XXXX ignored all of the facts of this case and the relevant conditions to issue a default judgement and again I believe this was done maliciously and unethically by both parties.","date_sent_to_company":"2025-03-25T14:06:24.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Credit card debt","zip_code":"99508","tags":null,"has_narrative":true,"complaint_id":"12651504","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"ENCORE CAPITAL GROUP INC.","date_received":"2025-03-25T13:43:42.000Z","state":"AK","company_public_response":null,"sub_issue":"Sued you without properly notifying you of lawsuit"},"highlight":{"complaint_what_happened":["I was a victim of a XXXX XXXX XXXX XXXX  XXXXXXXX and <em>have</em> not been in the state for several years due to this instance, XXXX XXXX XXXX XXXX, and due to the harassment and <em>intimidation</em> that I endured by law enforcement and due to the perpetrator."],"sub_issue":["Sued you without properly notifying you of <em>lawsuit</em>"]},"sort":[10.918983,"12651504"]},{"_index":"complaint-public-v1","_id":"8296715","_score":10.234426,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I am a victim of ID theft. I have provided an FTC known as FTC XXXX AND FTC XXXX. For the past 2 years i have sent certified letters, first class mail, went online and disputed these fraud accounts. I have sent and made CFPB complaints and Experian continues to place information fraud accounts on my credit bureau they report an account known as XXXX XXXX and state this account was recently opended. I have never opened an account with XXXX XXXX, I have never opened an account with XXXXXXXX XXXX XXXX XXXX and this is hereby fraud. Experian states that they certfied this debt in which there is no debt validation. XXXX XXXXXXXX XXXX  XXXX will not provide any contract nor validation of this date that I opened an account in XXXX in which I did not. There is also accounts known as XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX that are fraud accounts. They refuse to honor the FCRA XXXXAW KNOWN AS FCRA 15 USC 169 AND FCRA 611 ( A ) ( 1 ) FCRA 604 ( A ) ( 3 ) FCRA 605 ( C ) FCRA ( A ) ( 5 ) ( B ) ( II ) THESE ACCOUNTS LISTED ON MY REPORT KNOWN AS XXXX XXXX ( XXXX ) CHARGED OF XXXX XXXX XXXX XXXX AND ( XXXX ) XXXX XXXX XXXX XXXX ACCOUNTS. THEY REFUSE TO DELETE THEM, REMOVE THEM, DISPUTE THEM AND HONOR ALL FCRA RULES AS EVIDENCED ABOVE. I HAVE TRIED NUMEROUS TIMES TO GET EXPERIAN TO UNDERSTAND THAT THESE ACCOUNTS ARE NOT MY ACCOUNTS. THEY ALSO REFUSE TO UPDATE STUDENT LOANS KNOWN AS US DEPARTMENT OF EDUCATION THAT ARE PAID IN FULL. \n\n\nI hereby request an internal investigation against experian and I hereby request fines, licenses, charters, be revoked and suspended and that Experian is no longer allowed to do business in the XXXX of Texas. My name is XXXX XXXX XXXX XXXX date of birth XX/XX/XXXX last XXXX of XXXX XXXX and hereby grant, plead with the STATE OF TEXAS TO BRING SUIT AGAINST EXPERIAN CREDIT REPORTING AND ANY AND ALL ITS AFFLIANTS KNOWN AND UNKNOWN. I HEREBY REQUEST THAT EXPERIAN REMOVE, BLOCK, DELETE THE ACCOUNTS KNOWN AS EXPRESS COLLECTIONS, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX AND THAT THEY UPDATE ALL STUDENT LOANS KNOWN AS US DEPARTMENT OF EDUCATION AS PAID IN FULL. \n\nALSO EXPERIAN AND XXXX COLLECTION KNOWN XXXX XXXX XXXX XXXX XXXX CONTINUE TO MAKE THREATS OF VIOLENCE TOWARDS ME AND MY FAMILY I AM IN FEAR OF MY LIFE AND MY SAFETY. REFUSAL OF THE CONTRACT OF THE DEBT. HEREBY REQUEST ALL LICENSES WITH EXPRESS COLECTIONS BE REVOKED AND A FINE ISSUED IN THE AMOUNT OF XXXX XXXX DOLLARS UP TO AND INCLUDING IMMEDIATE TERMINATION OF EACH AND EVERY EMPLOYEE. AND IMMEDIATE TERMINATION OF THE EMPLOYEE THAT PLACED THIS FRAUDULENT COLLECTION ON MY CREDIT REPORT FROM XXXX XXXX UP TO AND INCLUDING CIVIL LIABILTY FROM THE EMPLOYEE THAT FALSLEY MADE THIS UPDATE DAMAGING MY NAME, MY CREDIT AND PLACING MY FAMILIES LIVES IN DANGER. XXXX XXXX CONTINUE TO CALL MY TELEPHONE NUMBER AND PRETEND THEY ARE THE POLICE ISSUING A WARRANT FOR THEFT, XXXX XXXX  CONTINUES TO CALL AND MAKE THREATS THEY WILL PUT ME IN JAIL, XXXX XXXX CONTINUES TO CALL ON A DEBT THAT IS OVER 7 YEARS OLD AND IS FRAUD XXXX XXXX  CONTINUES TO HAVE MANAGERS AND EMPLOYEES CALL ME AT OR AROUND MIDNIGHT PRETENDING TO BE REPOSSESSION AGENTS AND PRETENDING TO BE POLICE, XXXX XXXX  CONTINUES TO CALL ME AND PRETEND THEY ARE LICENSED ATTORNEYS WHEN ASKED FOR THE INFORMATION THEY HANG UP THIS IS A FRAUD COMPANY WITH EMPLOYEES THAT ARE CONVICTED FELONS DOING ANY AND EVERYTHING TO EARN $ XXXX. EXPERIAN ALSO ENGAGES IN THIS BEHAVIOR BECUASE THEY HAVE INSERTED THIS FRAUD ACCOUNT ON MY CREDIT REPORT Texas law gives someone a certain amount of time to bring a lawsuit for an unpaid debt. This time period is often commonly referred to as the statute of limitations. \n\nOnce the time period set out by the statute of limitations is up, a person is prohibited from filing suit to recover the debt. This means the debt is time-barred. \n\nIn the past, taking certain actions such as making a payment or verbally acknowledging that you owe the debt could restart the clock on the limitations period. This created a problem called zombie debt where the time period set out by the statute of limitations could be constantly restarted. \n\nA new state law introduced in XXXX aims to protect people from zombie debt. This law prevents debt buyers from suing to try to collect the debt even if a payment is made on the debt after the statute of limitations has expired. It also requires debt buyers to provide written notice if they are taking action past the limitations period. Debt buyers are defined by Section 392.307 of the Texas Finance Code as a person who purchases a consumers debt from a creditor. Please see the statute for a full definition. \n\nYou still owe time-barred debts, but creditors and debt buyers lose their most powerful way of collecting a lawsuit. \n\nTexas and Federal Law Section 16.004 of the Texas Civil Practice and Remedies Code The statute of limitations on debt in Texas is four years.\n\nSection 392.307 of the Texas Finance Code This section of the law, introduced in XXXX, states that a payment on the debt ( or any other activity ) does not restart the clock on the statute of limitations for debt buyers. It also requires that debt buyers provide written notice to a consumer if the limitations period has expired. \nTitle 12, Section 1006.26 of the Code of Federal Regulations New rules from the federal Consumer Financial Protection Bureau prevent debt collectors from suing or threatening to sue over time-barred debts. Debt collectors in this code are defined in section 1006.2 ( i ) and can include the original creditor if they are using a different name. \nUnderstanding the Law What is a statute of limitations on a debt? \nThis page from the Consumer Financial Protection Bureau explains the concept of the statute of limitations and how it relates to debt. \nWhat is Time-Barred Debt? \nThis page explains the concept of \" time-barred debts '' and suggests options for dealing with a creditor, third-party debt collector, or debt buyer trying to collect them. \nDebt Buyers Prohibited from Suing to Collect and Reviving Old Debts ( XXXX XXXXXXXX ) This article describes the XXXX changes and provides legal aid options as well as links to legal forms. XXXX XXXXXXXX is a nonprofit organization described as a \" public interest justice center ''. \nDebt Scavengers and Zombie Debt Unscrupulous creditors, third-party debt collectors, or debt buyers will try to intimidate you into paying debts that are past the statute of limitations. Read this page from XXXX to learn your rights when it comes to these old debts. \n\n\nAND Texas Laws Against Aggressive Debt Collection When it comes to debt collection, consumers have a variety of options to protect themselves against unlawful debt collectors. A XXXX law in Texas strengthened the rights of consumers against debt collection and maintained the states short statute of limitations. A Texas statute of limitations on debt is the amount of time a company or person has to pursue legal action against another. If enough time has passed, then the statute of limitations means that companies can no longer sue people for their debts. Luckily, Texas has laws on the books to protect people against debt and the laws are in the favor of the consumer. With the help of an attorney, there are ways to overcome these lawsuits and defeat the creditors. \n\nWhen people receive letters or summons in the mail about an old unpaid debt, it can inspire fear and panic. A person in debt may still be in a position where they are unable to resolve the debt and the collection attempts can bring up trauma. In the case of old debts, or what some people call zombie debts because of how debt collectors never ceased to collect on them, companies can still aggressively attempt to collect on the debt. However, as a response to this, many states like Texas implement a statute of limitations to protect citizens who can not pay or do not want to pay the debt collector. \n\nWhat is the Texas Statue of Limitations?\n\nThe Statute of Limitations is a Texas law that states that if you owe unpaid debt such as credit card debt or consumer debt, the collector only has four years to bring a debt collection lawsuit against you. Bringing a Debt Lawsuit in a Texas Court is the debtor collectors strongest method for collecting. So removing this option for the creditor is significant.\n\nThis Texas law is governed by Section 16.004 of the Texas Civil Practice and Remedies Code. When you have a credit card, you have a contract with the credit card company where you promise to pay the credit card company. A written contract is not required. So if you stop paying the credit card, the credit card company can file a lawsuit against you to collect the debt under the theory of breach of contract. However, if the debt collector does not file a lawsuit within four years of the breach of contract, then they can not file the lawsuit to collect the debt. This debt is now known as time-barred debt. If the creditor files a lawsuit against you after the four years, they are violating the Texas Debt Collection Law, and you can initiate retaliatory legal action, and have a strong case for getting the lawsuit dismissed.\n\nWhat Is Time Barred Debt?\n\nTime-barred debt is debt that can not be collected through legal action anymore due to the expiration of the 4-year statute of limitations. The creditor can still attempt to collect the debt and report it on your credit report, but they can not bring a lawsuit against you and so they can not obtain a Judgement against you either. \n\nThe company can no longer threaten to sue you and forcibly collect the old debt through a lawsuit before you can organize your finances. In essence, the bank can not force you to settle the debt before you are ready and can not drag an individual into court when it is clear the individual can not pay. \n\nAvoiding Illegal Collection Restarts It is also important to remember that this XXXX law also included a Section that introduced the idea of time-barred debt. Once the statute of limitations has passed on the debt in Texas, then collectors can not chase consumers for it. The old debts are considered time-barred, which means that they are off-limits. In some states, companies abuse their consumers by frightening the individuals into promising to pay their debts or even acknowledging the debts. This is a trick to allow the company the right to restart the clock on collections and continue harassing the person into payment. They call this zombie debt. \n\nLuckily, Texas law contains provisions that outlaw companies from restarting the debt. Even if you attempt to pay the debt at one time, they can no longer threaten you with legal action. Although you may still owe the debt on the books unless you file for bankruptcy or settle with the company, they lose their most powerful weapon of intimidation thanks to powerful Texas laws that protect vulnerable consumers. \n\nHow Do You Calculate The Statute Of Limitations? \nThe statute of limitations is four years since the date of the breach of the contract. So when does this breach actually happen? As a rule of thumb, the date of breach is about 30 days after the last time you paid the debt.\n\nTo illustrate this, lets say you have a credit card bill where the minimum payment is due on the first day of each month. You pay your XX/XX/XXXX minimum payment and you are current on your credit card bill. Then you do not make your XX/XX/XXXX and all future subsequent payments. Your last payment was XX/XX/XXXX, but you did not breach your contract until at least XX/XX/XXXX when you missed your first credit card payment. So if a client presented these facts to me, I would advise them that the statute of limitations clock did not start counting until at least XX/XX/XXXX. When it is a close call like this, you should really get your ducks in a row by pulling your credit report and reviewing it to determine your last payment. \n\nGoing into debt itself can be one of the most difficult things about adult life. If you find yourself facing a lawsuit or experiencing harassment over a debt that could potentially be barred by the statute of limitations, please dont hesitate to reach out to our law office. Were here to assist individuals facing financial difficulties. Our team can support you by actively challenging your creditors, exploring potential settlements, or providing guidance on the bankruptcy process. Rest assured, were dedicated to finding the right solution for your specific situation, and were here to help you in your fight against creditors. \n\nAND What Debt Collectors Cant Do Debt collectors are regulated by the Texas Debt Collection Act. Among other things, the Act prohibits debt collectors from : Using abusive collection tactics, including : threatening violence or other criminal acts using profane or obscene language falsely accusing the consumer of fraud or other crimes threatening arrest of the consumer, or repossession or other seizure of property without proper court proceedings using the telephone to harass debtors by calling anonymously or making repeated or continuous calls making collect telephone calls without disclosing the true name of the caller before the charges are accepted Using fraudulent collection tactics, including : using a false name or identification misrepresenting the amount of the debt or its judicial status sending documents to a debtor that falsely appear to be from a court or other official agency failing to identify who holds the debt misrepresenting the nature of the services rendered by the collection agency or the collector falsely representing that the collector has information or something of value in order to discover information about the consumer Trying to collect more than the amount originally agreed upon. ( But remember : your debt can grow by the addition of fees e.g., collection fees, attorney fees, etc. ). \nViolators of the Texas Debt Collection Act are subject to criminal and civil penalties. If you think you have been harassed or deceived, you can even seek injunctions and damages against debt collectors. \n\nThese actions are also violations of the Texas Deceptive Trade Practices/Consumer Protection Act, which gives the Attorney General the authority to take action in the public interest.","date_sent_to_company":"2024-02-06T17:39:54.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"76016","tags":"Servicemember","has_narrative":true,"complaint_id":"8296715","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-02-06T17:39:50.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Difficulty submitting a dispute or getting information about a dispute over the phone"},"highlight":{"complaint_what_happened":["When you <em>have</em> a credit card, you <em>have</em> a contract with the credit card company where you promise to pay the credit card company. A written contract is not required. So if you stop paying the credit card, the credit card company can file a <em>lawsuit</em> against you to collect the debt under the theory of breach of contract. However, if the debt collector does not file a <em>lawsuit</em> within four years of the breach of contract, then they can not file the <em>lawsuit</em> to collect the debt."]},"sort":[10.234426,"8296715"]},{"_index":"complaint-public-v1","_id":"8296720","_score":10.214239,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I am a victim of ID theft. I have provided an FTC known as FTC XXXX AND FTC XXXX. For the past 2 years i have sent certified letters, first class mail, went online and disputed these fraud accounts. I have sent and made CFPB complaints and Experian continues to place information fraud accounts on my credit bureau they report an account known as XXXX XXXX and state this account was recently opended. I have never opened an account with XXXX XXXX, I have never opened an account with smart sales and lease and this is hereby fraud. Experian states that they certfied this debt in which there is no debt validation. XXXX XXXX XXXX XXXX will not provide any contract nor validation of this date that I opened an account in XXXX in which I did not. There is also accounts known as XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX that are fraud accounts. They refuse to honor the FCRA LAW KNOWN AS FCRA 15 USC 169 AND FCRA 611 ( A ) ( 1 ) FCRA 604 ( A ) ( 3 ) FCRA 605 ( C ) FCRA ( A ) ( 5 ) ( B ) ( II ) THESE ACCOUNTS LISTED ON MY REPORT KNOWN AS XXXX XXXX ( XXXX ) CHARGED OF XXXX XXXX XXXX XXXX AND ( XXXX ) XXXX XXXX XXXX XXXX ACCOUNTS. THEY REFUSE TO DELETE THEM, REMOVE THEM, DISPUTE THEM AND HONOR ALL FCRA RULES AS EVIDENCED ABOVE. I HAVE TRIED NUMEROUS TIMES TO GET EXPERIAN TO UNDERSTAND THAT THESE ACCOUNTS ARE NOT MY ACCOUNTS. THEY ALSO REFUSE TO UPDATE STUDENT LOANS KNOWN AS US DEPARTMENT OF EDUCATION THAT ARE PAID IN FULL. \n\n\nI hereby request an internal investigation against experian and I hereby request fines, licenses, charters, be revoked and suspended and that Experian is no longer allowed to do business in the State of Texas. My name is XXXX XXXX XXXX XXXX date of birth XX/XX/XXXX last XXXX of XXXX XXXX and hereby grant, plead with the STATE OF TEXAS TO BRING SUIT AGAINST EXPERIAN CREDIT REPORTING AND ANY AND ALL ITS AFFLIANTS KNOWN AND UNKNOWN. I HEREBY REQUEST THAT EXPERIAN REMOVE, BLOCK, DELETE THE ACCOUNTS KNOWN AS XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX AND THAT THEY UPDATE ALL STUDENT LOANS KNOWN AS XXXX DEPARTMENT OF EDUCATION AS PAID IN FULL. \n\nALSO EXPERIAN AND XXXX XXXX  KNOWN XXXX XXXX XXXX XXXX XXXX  CONTINUE TO MAKE THREATS OF VIOLENCE TOWARDS ME AND MY FAMILY I AM IN FEAR OF MY LIFE AND MY SAFETY. REFUSAL OF THE CONTRACT OF THE DEBT. HEREBY REQUEST ALL LICENSES WITH XXXX XXXX BE REVOKED AND A FINE ISSUED IN THE AMOUNT OF XXXX XXXX DOLLARS UP TO AND INCLUDING IMMEDIATE TERMINATION OF EACH AND EVERY EMPLOYEE. AND IMMEDIATE TERMINATION OF THE EMPLOYEE THAT PLACED THIS FRAUDULENT COLLECTION ON MY CREDIT REPORT FROM XXXX XXXX  UP TO AND INCLUDING CIVIL LIABILTY FROM THE EMPLOYEE THAT FALSLEY MADE THIS UPDATE DAMAGING MY NAME, MY CREDIT AND PLACING MY FAMILIES LIVES IN DANGER. XXXX XXXX CONTINUE TO CALL MY TELEPHONE NUMBER AND PRETEND THEY ARE THE POLICE ISSUING A WARRANT FOR THEFT, XXXX XXXX  CONTINUES TO CALL AND MAKE THREATS THEY WILL PUT ME IN JAIL, XXXX XXXX CONTINUES TO CALL ON A DEBT THAT IS OVER XXXX XXXX XXXX AND IS FRAUD XXXX XXXX  CONTINUES TO HAVE MANAGERS AND EMPLOYEES CALL ME AT OR AROUND MIDNIGHT PRETENDING TO BE REPOSSESSION AGENTS AND PRETENDING TO BE POLICE, XXXX XXXX CONTINUES TO CALL ME AND PRETEND THEY ARE LICENSED ATTORNEYS WHEN ASKED FOR THE INFORMATION THEY HANG UP THIS IS A FRAUD COMPANY WITH EMPLOYEES THAT ARE CONVICTED FELONS DOING ANY AND EVERYTHING TO EARN $ XXXX. EXPERIAN ALSO ENGAGES IN THIS BEHAVIOR BECUASE THEY HAVE INSERTED THIS FRAUD ACCOUNT ON MY CREDIT REPORT Texas law gives someone a certain amount of time to bring a lawsuit for an unpaid debt. This time period is often commonly referred to as the statute of limitations.\n\nOnce the time period set out by the statute of limitations is up, a person is prohibited from filing suit to recover the debt. This means the debt is time-barred. \n\nIn the past, taking certain actions such as making a payment or verbally acknowledging that you owe the debt could restart the clock on the limitations period. This created a problem called zombie debt where the time period set out by the statute of limitations could be constantly restarted. \n\nA new state law introduced in XXXX aims to protect people from zombie debt. This law prevents debt buyers from suing to try to collect the debt even if a payment is made on the debt after the statute of limitations has expired. It also requires debt buyers to provide written notice if they are taking action past the limitations period. Debt buyers are defined by Section XXXX of the XXXX XXXX XXXX as a person who purchases a consumers debt from a creditor. Please see the statute for a full definition. \n\nYou still owe time-barred debts, but creditors and debt buyers lose their most powerful way of collecting a lawsuit.\n\nTexas and Federal Law Section 16.004 of the Texas Civil Practice and Remedies Code The statute of limitations on debt in Texas is four years.\n\nSection 392.307 of the Texas Finance Code This section of the law, introduced in XXXX, states that a payment on the debt ( or any other activity ) does not restart the clock on the statute of limitations for debt buyers. It also requires that debt buyers provide written notice to a consumer if the limitations period has expired. \nTitle 12, Section 1006.26 of the Code of Federal Regulations New rules from the federal Consumer Financial Protection Bureau prevent debt collectors from suing or threatening to sue over time-barred debts. Debt collectors in this code are defined in section 1006.2 ( i ) and can include the original creditor if they are using a different name. \nUnderstanding the Law What is a statute of limitations on a debt? \nThis page from the Consumer Financial Protection Bureau explains the concept of the statute of limitations and how it relates to debt. \nWhat is XXXX XXXX? \nThis page explains the concept of \" time-barred debts '' and suggests options for dealing with a creditor, third-party debt collector, or debt buyer trying to collect them. \nDebt Buyers Prohibited from Suing to Collect and Reviving Old Debts ( Texas XXXX ) This article describes the XXXX changes and provides legal aid options as well as links to legal forms. Texas XXXX is a nonprofit organization described as a \" public interest justice center ''. \nXXXX XXXX XXXX XXXX XXXX XXXXXXXX creditors, third-party debt collectors, or debt buyers will try to intimidate you into paying debts that are past the statute of limitations. Read this page from XXXX to learn your rights when it comes to these old debts. \n\n\nAND Texas Laws Against Aggressive Debt Collection When it comes to debt collection, consumers have a variety of options to protect themselves against unlawful debt collectors. A XXXX law in Texas strengthened the rights of consumers against debt collection and maintained the states short statute of limitations. A Texas statute of limitations on debt is the amount of time a company or person has to pursue legal action against another. If enough time has passed, then the statute of limitations means that companies can no longer sue people for their debts. Luckily, Texas has laws on the books to protect people against debt and the laws are in the favor of the consumer. With the help of an attorney, there are ways to overcome these lawsuits and defeat the creditors. \n\nWhen people receive letters or summons in the mail about an old unpaid debt, it can inspire fear and panic. A person in debt may still be in a position where they are unable to resolve the debt and the collection attempts can bring up trauma. In the case of old debts, or what some people call zombie debts because of how debt collectors never ceased to collect on them, companies can still aggressively attempt to collect on the debt. However, as a response to this, many states like Texas implement a statute of limitations to protect citizens who can not pay or do not want to pay the debt collector. \n\nWhat is the Texas Statue of Limitations?\n\nThe Statute of Limitations is a Texas law that states that if you owe unpaid debt such as credit card debt or consumer debt, the collector only has four years to bring a debt collection lawsuit against you. Bringing a Debt Lawsuit in a Texas Court is the debtor collectors strongest method for collecting. So removing this option for the creditor is significant. \n\nThis Texas law is governed by Section XXXX of the Texas XXXX XXXX and Remedies Code. When you have a credit card, you have a contract with the credit card company where you promise to pay the credit card company. A written contract is not required. So if you stop paying the credit card, the credit card company can file a lawsuit against you to collect the debt under the theory of breach of contract. However, if the debt collector does not file a lawsuit within four years of the breach of contract, then they can not file the lawsuit to collect the debt. This debt is now known as time-barred debt. If the creditor files a lawsuit against you after the four years, they are violating the Texas Debt Collection Law, and you can initiate retaliatory legal action, and have a strong case for getting the lawsuit dismissed.\n\nWhat Is Time Barred Debt? \nTime-barred debt is debt that can not be collected through legal action anymore due to the expiration of the 4-year statute of limitations. The creditor can still attempt to collect the debt and report it on your credit report, but they can not bring a lawsuit against you and so they can not obtain a Judgement against you either.\n\nThe company can no longer threaten to sue you and forcibly collect the old debt through a lawsuit before you can organize your finances. In essence, the bank can not force you to settle the debt before you are ready and can not drag an individual into court when it is clear the individual can not pay. \n\nAvoiding Illegal Collection Restarts It is also important to remember that this XXXX law also included a Section that introduced the idea of time-barred debt. Once the statute of limitations has passed on the debt in Texas, then collectors can not chase consumers for it. The old debts are considered time-barred, which means that they are off-limits. In some states, companies abuse their consumers by frightening the individuals into promising to pay their debts or even acknowledging the debts. This is a trick to allow the company the right to restart the clock on collections and continue harassing the person into payment. They call this zombie debt.\n\nLuckily, Texas law contains provisions that outlaw companies from restarting the debt. Even if you attempt to pay the debt at one time, they can no longer threaten you with legal action. Although you may still owe the debt on the books unless you file for bankruptcy or settle with the company, they lose their most powerful weapon of intimidation thanks to powerful Texas laws that protect vulnerable consumers. \n\nHow Do You Calculate The Statute Of Limitations? \nThe statute of limitations is XXXX years since the date of the breach of the contract. So when does this breach actually happen? As a rule of thumb, the date of breach is about 30 days after the last time you paid the debt. \n\nTo illustrate this, lets say you have a credit card bill where the minimum payment is due on the first day of each month. You pay your XX/XX/XXXX minimum payment and you are current on your credit card bill. Then you do not make your XX/XX/XXXX and all future subsequent payments. Your last payment was XX/XX/XXXX, but you did not breach your contract until at least XX/XX/XXXX when you missed your first credit card payment. So if a client presented these facts to me, I would advise them that the statute of limitations clock did not start counting until at least XX/XX/XXXX. When it is a close call like this, you should really get your ducks in a row by pulling your credit report and reviewing it to determine your last payment. \n\nGoing into debt itself can be one of the most difficult things about adult life. If you find yourself facing a lawsuit or experiencing harassment over a debt that could potentially be barred by the statute of limitations, please dont hesitate to reach out to our law office. Were here to assist individuals facing financial difficulties. Our team can support you by actively challenging your creditors, exploring potential settlements, or providing guidance on the bankruptcy process. Rest assured, were dedicated to finding the right solution for your specific situation, and were here to help you in your fight against creditors.\n\nAND What Debt Collectors Cant Do Debt collectors are regulated by the Texas Debt Collection Act. Among other things, the Act prohibits debt collectors from : Using abusive collection tactics, including : threatening violence or other criminal acts using profane or obscene language falsely accusing the consumer of fraud or other crimes threatening arrest of the consumer, or repossession or other XXXX of property without proper court proceedings using the telephone to harass debtors by calling anonymously or making repeated or continuous calls making collect telephone calls without disclosing the true name of the caller before the charges are accepted Using fraudulent collection tactics, including : using a false name or identification misrepresenting the amount of the debt or its judicial status sending documents to a debtor that falsely appear to be from a court or other official agency failing to identify who holds the debt misrepresenting the nature of the services rendered by the collection agency or the collector falsely representing that the collector has information or something of value in order to discover information about the consumer Trying to collect more than the amount originally agreed upon. ( But remember : your debt can grow by the addition of fees e.g., collection fees, attorney fees, etc. ). \nViolators of the Texas Debt Collection Act are subject to criminal and civil penalties. If you think you have been harassed or deceived, you can even seek injunctions and damages against debt collectors.\n\nThese actions are also violations of the Texas Deceptive Trade Practices/Consumer Protection Act, which gives the Attorney General the authority to take action in the public interest.","date_sent_to_company":"2024-02-06T17:39:54.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"76016","tags":"Servicemember","has_narrative":true,"complaint_id":"8296720","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-02-06T17:39:50.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Difficulty submitting a dispute or getting information about a dispute over the phone"},"highlight":{"complaint_what_happened":["When you <em>have</em> a credit card, you <em>have</em> a contract with the credit card company where you promise to pay the credit card company. A written contract is not required. So if you stop paying the credit card, the credit card company can file a <em>lawsuit</em> against you to collect the debt under the theory of breach of contract. However, if the debt collector does not file a <em>lawsuit</em> within four years of the breach of contract, then they can not file the <em>lawsuit</em> to collect the debt."]},"sort":[10.214239,"8296720"]},{"_index":"complaint-public-v1","_id":"15141227","_score":7.279926,"_source":{"product":"Debt collection","complaint_what_happened":"CFPB Complaint Misconduct by Debt XXXX  Attorney ( XX/XX/XXXX Hearing ) Background I am filing this complaint to report unethical and misleading conduct by XXXX XXXX XXXX, an attorney with XXXX, XXXX XXXX XXXX, XXXXXXXX XXXX XXXX  ), during a court hearing related to a debt collection case on XX/XX/XXXX. I am a consumer debtor ( XXXX XXXX XXXX ) who has been subject to XXXX collection efforts on behalf of XXXX XXXX XXXX XXXX XXXX. The hearing in question was part of the legal proceedings to collect an alleged debt ( a deficiency balance from an auto loan ). I attended this hearing pro XXXX ( without an attorney ) to explain my situation and hardship, but XXXX XXXX conduct during the proceeding was highly improper. \n\nThis complaint focuses on XXXX key issues from that hearing : Misleading statements about my residence : XXXX XXXX falsely claimed I said I was only visiting my sisters home and asserted that XXXX XXXX confirm an address for me. \nDismissal of financial hardship : She openly dismissed my financial difficulties, even stating that my efforts to support my college-bound child were merely a choice, not a real hardship. \nDownplaying wage garnishment harm : She minimized the impact of the ongoing {$170.00} per paycheck wage garnishment, implying that this amount was trivial and not harmful to me. \n\nTaken together, these actions show a pattern of misrepresentation, unprofessionalism, and unfair treatment of a consumer in a court proceeding. I am requesting that the Consumer Financial Protection Bureau investigate this attorneys conduct and XXXX broader courtroom practices for potential violations of consumer protection laws and professional ethics. Below I provide details on each issue, why I believe its abusive or misleading, and how it fits into a broader pattern of legal bullying by XXXX \n\nMisleading Statements About My Address During the XX/XX/XXXX hearing, XXXX XXXX mischaracterized my living situation to the court. She claimed that I had stated I was only visiting my sisters residence, insinuating that I had no permanent address and that XXXX  was unable to confirm where I live. This is a false and misleading statement. In reality, I have been residing with my sister out of necessity due to XXXX XXXX  I was not merely a short-term visitor. I provided XXXX and the court with accurate contact information. There was no legitimate basis for the attorney to suggest that I was transient or hiding my address. \n\nKnowingly giving false or distorted information to a court is a serious ethical violation. Attorneys have a duty of candor toward the tribunal, meaning they must not make false statements of fact to a judge. XXXX XXXX statement about my address was not only untrue, but it painted me in a negative light as if I were evading contact which could unfairly prejudice my case. I felt this was a deliberate attempt to mislead the judge and discredit me. \n\nIts worth noting that this address-related misrepresentation is not an isolated incident for XXXX. In a recent federal case ( XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ), a consumer alleged that XXXX intentionally provided incorrect addresses to a process server in order to secure a default judgment without the debtors knowledge. In that case, the plaintiff ( XXXX ) had actually lived at her current address all along, and XXXX knew or should have known it, yet XXXX agent swore she couldnt be found leading to a default judgment that the consumer discovered only later. The complaint in XXXX even described XXXX conduct as malicious, accusing the firm of intentionally using bad addresses to prevent proper notice. This pattern is eerily similar to what happened in my hearing : XXXX  attorney claimed inability to confirm my address despite having my information, thereby casting me as unreachable or uncooperative. Such behavior, if deliberate, represents an unfair and deceptive practice in debt collection. It violates the spirit of honesty expected in court and potentially the Fair Debt Collection Practices Act ( FDCPA ) provisions against false or misleading representations. \n\nDismissing My Financial Hardship as a Choice Another troubling incident was XXXX XXXX dismissive response to my explanation of financial hardship. I told the court that I am struggling to keep up with the debt because I am XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Rather than show any understanding, XXXX XXXX retorted that my decision to help my XXXX  child was a choice. In context, her tone was derisive effectively suggesting that my hardship is self-inflicted or not worthy of consideration because I chose to support my childs education. \n\nI found this remark highly unprofessional and insulting. Supporting ones child XXXX XXXX is not a frivolous choice it is a normal parental responsibility and a matter of necessity for the childs future. I was raising a genuine issue of financial strain, which is directly relevant in a debt collection context ( for instance, when discussing ability to pay or the impact of garnishment on my family ). Instead of addressing this respectfully, the attorney essentially shamed me for prioritizing my child. This tactic felt like an attempt to undermine my credibility and to persuade the court that my hardship should be ignored. \n\nSuch behavior raises concerns under professional ethics and fairness to consumers. An attorney should not ridicule or belittle a debtor for their family obligations. While vigorous representation of a clients interests is expected, there is a line between advocacy and harassment or abuse. The FDCPA prohibits debt XXXX from engaging in harassing or oppressive conduct ( 1692d ) and from using unfair or unconscionable means to collect a debt ( 1692f ). While XXXX XXXX comment XXXX have been XXXX as a legal argument, its effect was to harass and humiliate. It shows a lack of basic respect and could be seen as an attempt to psychologically pressure me in a courtroom setting. This contributes to an atmosphere of XXXX XXXX, where the consumer debtor is made to feel ashamed for circumstances that are in fact common and understandable. \n\nDownplaying the Harm of a {$170.00} Wage Garnishment Perhaps most alarming was how XXXX XXXX minimized the impact of the ongoing wage garnishment against me. Currently, XXXX ( on behalf of XXXX XXXX XXXX ) is garnishing {$170.00} from each of my paychecks. For me, as a single income earner with substantial family responsibilities, this is a significant loss of income. I tried to convey to the court that this garnishment amount ( taken from every check ) is causing serious financial strain affecting my ability to pay rent, utilities, and other essentials. \n\nXXXX XXXX, however, downplayed this harm, suggesting that {$170.00} per paycheck was not a big deal or not enough to warrant relief. I was stunned by the lack of empathy and the disregard for how garnishment truly impacts consumers. A sum of {$170.00} per pay period is far from trivial. In fact, under Oklahoma law ( and federal law via the XXXX XXXX XXXX XXXX ), up to 25 % of a debtors disposable weekly earnings can be taken via wage garnishment. Taking one-quarter of someones paycheck can absolutely destabilize their finances and push them into hardship. Even amounts less than the maximum can cause undue stress and make it difficult to cover basic expenses. According to a report by the XXXX XXXX XXXX XXXX, wage garnishment often can cause undue stress and bury you deeper into financial hardship. For many Americans living paycheck-to-paycheck, losing even a small portion of income can lead to missed bills or inability to afford necessities. \n\nBy brushing off the harm of the garnishment, the attorney ignored the real-world consequences on me and my family. This attitude is not only callous ; its also indicative of a broader strategy to trivialize the consumers plight in order to justify aggressive collection. It felt as though XXXX XXXX was telling the court that I was overreacting, when in truth the law firm was taking a significant chunk of my pay regularly. This kind of minimization is an unfair practice, as it attempts to gloss over the very consumer protections that limit garnishment for the sake of peoples livelihood. The FDCPAs purpose is to eliminate abusive debt collection practices and protect consumers from unjust harm. An attorney who casually suggests that stripping away part of someones paycheck is inconsequential is not acting in the spirit of fair or responsible debt collection. \n\nConcerns About XXXX XXXX and Unfair Treatment The incidents above demonstrate a pattern of behavior that is unprofessional, unethical, and abusive toward me as a consumer debtor. Misrepresenting facts to the court, dismissing genuine hardship, and making light of a legally-sanctioned XXXX of wages all point to a disrespect for both truth and fairness. Such conduct XXXX violate the standards set by both legal ethics rules and consumer protection laws : Misrepresentation/Candor : As noted, attorneys must not lie or mislead in court. Providing false information ( e.g., about my address or statements I allegedly made ) breaches the duty of candor. It also potentially violates FDCPA 1692e, which forbids false or misleading representations in connection with debt collection. In my case, the misleading statement aimed to portray me as someone who can not be contacted or trusted, which could influence the judges decisions. This is unfair to me and corrupts the integrity of the process. \nXXXX XXXX : The XXXX  remark about my family being a choice crosses a line into personal ridicule. FDCPA XXXX692d prohibits conduct the natural consequence of which is to harass, oppress, or abuse any person in debt collection. Making me feel ashamed for supporting my child was unnecessary and served no purpose other than to intimidate and emotionally distress me. Consumers in debt should still be treated with dignity ; being in debt is not a moral failing that deserves scorn in a courtroom. \nUnfair or Unconscionable Means : Downplaying the impact of garnishment, in context, was an attempt to deny the reality of my financial hardship and push forward an aggressive collection despite the harm. This goes against the notion of treating consumers fairly. Its well documented that wage garnishment can wreak havoc on a persons finances, yet the attorney spoke as if I shouldnt be hurting at all. Such a stance could be seen as an attempt to deceive the court into thinking the garnishment is harmless, thereby justifying continued or increased collection actions. Using the legal process in a way that neglects the human impact can rise to the level of being unconscionable, especially if the goal is to bulldoze any objections or pleas for relief. \n\nIn sum, XXXX XXXX conduct during the hearing was extremely unfair to me as a consumer. I left the courtroom feeling not only defeated but also disrespected and misled. I believe any objective observer would question whether this behavior meets the standards expected of officers of the court, or the standards set by consumer protection laws. \n\nPattern of Legal XXXX XXXX XXXX  My experience with XXXX  appears to be part of a broader pattern of aggressive and abusive tactics this firm employs against consumers. I have since learned that multiple complaints and lawsuits have arisen involving XXXX debt collection practices, reinforcing my concerns that XXXX engages in legal bullying. For context : Numerous Consumer Complaints : The XXXX XXXX XXXX reports XXXX complaints against XXXX in the past 3 years ( XXXX in the last XXXX XXXX alone ). Many of these complaints describe troubling conduct. For example, XXXX consumer in XX/XX/XXXX alleged that XXXX unlawfully and knowingly garnished 25 % of their paycheck and refused to communicate or respond to the consumers attempts to resolve the debt, calling the firms actions unfair under [ the ] XXXX XXXX.. Another consumer reported being subjected to 11 years of on-and-off wage garnishments by XXXX, during which interest accumulated astronomically a debt that started around {$2000.00} had ballooned to over {$22000.00} due to interest and fees. That complaint also noted the person was never properly served ( only learning of actions through employer notices ) and that XXXX was unresponsive to information requests. These accounts paint a picture of a firm that uses the courts and garnishments in a punitive, relentless manner, without proper transparency or fairness to the consumer. \nFDCPA Lawsuits Against RHF : Beyond informal complaints, XXXX  practices have been challenged in court by other consumers. In early XXXX, a class-action lawsuit was filed ( XXXXXXXX XXXX XXXX XXXX on behalf of a group of consumers alleging abusive debt collection tactics by XXXX. That case centered on the kind of default judgment tricks I referenced earlier ( sewer service and obtaining judgments without proper notice ). Additionally, in XXXX, another consumer ( XXXX XXXX XXXX ) filed a federal lawsuit under the Fair Debt Collection Practices Act. Court records show that case involved XXXX XXXX XXXX as the original creditor and included allegations that XXXX obtained a default judgment by publication notice and then pursued wage garnishment across state lines. The very exhibits in the XXXX case ( such as an Affidavit of Due Diligence and Motion to Enter Default Judgment without Notice ) suggest a scenario where XXXX might have claimed inability to locate the consumer to justify not giving proper notice, and then moved straight to default and garnishment. This is strikingly similar to the misrepresentation about address that I encountered and underscores that XXXX tactics are systematic. \nXXXX XXXX as a XXXX XXXX : XXXX is a debt collection law firm that regularly sues consumers to collect debts on behalf of creditors. By their own acknowledgement, they operate as an agent for their client and seek judgments for the full balance plus fees and high interest. XXXX is very much a third-party debt collector subject to the FDCPAs requirements. Unfortunately, their pattern of conduct as evidenced by my experience and those of others suggests they XXXX skirt these requirements and rely on the intimidation factor of lawsuits and court orders. The term lXXXX XXXX comes to mind : using the legal system not just to collect what is owed, but to overwhelm and intimidate consumers so they feel they have no voice or rights. \n\nIn my case, the misleading statements and disrespectful treatment during the hearing made me feel exactly that bullied and powerless. I worry that many other consumers in Oklahoma ( and even in other states ) are being steamrolled by XXXX  in similar ways : getting hit with default judgments without proper process, facing wage garnishments that cripple their finances, and being treated without basic respect or honesty in court. This goes against the very purpose of our consumer protection laws. The FDCPA was enacted to ensure debt XXXX do not abuse or mistreat consumers, and to prevent exactly the kind of unscrupulous tactics that XXXX is accused of employing. Yet, without oversight, a firm like this can leverage the courts to its advantage and push consumers into corners, as I have personally experienced. \n\nDesired Resolution and Action Requested I respectfully request the Consumer Financial Protection Bureau to investigate and take appropriate action regarding the conduct described above. Specifically, I ask that the CFPB : Investigate Attorney XXXX XXXX XXXX XXXX at the XX/XX/XXXX hearing for potential violations of federal consumer financial laws ( such as the FDCPA ). Making misleading statements in a debt collection proceeding and engaging in harassing or abusive behavior towards a consumer debtor could constitute violations that fall under the CFPBs purview. Her actions should be reviewed in light of the FDCPAs provisions against false, deceptive, or unfair practices. \nExamine XXXX, XXXX XXXX XXXX, XXXX overall courtroom and collection practices. I urge the XXXX to look beyond this XXXX incident and evaluate whether XXXX  patterns default judgments without proper notice, long-term garnishments with mounting interest, refusal to communicate with debtors, and disrespectful treatment in litigation amount to systemic abuse. If a pattern of legal bullying or bad-faith litigation tactics is found, the CFPB should use its authority to enforce the law, which might include sanctions, consent orders, or referrals to other regulators ( such as state bar associations or state attorneys general ) as appropriate. \nEnsure consumer protection and fair treatment. As a desired outcome, I want XXXX ( and its attorneys ) to be held accountable and compelled to treat consumers lawfully and ethically. This could mean requiring the firm to cease any deceptive or unfair practices, provide proper notice and communication to consumers, and train their staff on compliance with the FDCPA and professional ethics. In my specific case, I also seek relief from the aggressive collection tactics for instance, a reevaluation of the garnishment in light of my hardship, conducted fairly and without misrepresentations. More broadly, I hope the CFPBs intervention will prevent other consumers from suffering the kind of mistreatment I experienced. \n\nIn conclusion, what happened to me in court on XX/XX/XXXX was not just a personal slight it was part of a larger abusive debt collection practice that needs to be addressed. No consumer should have to endure being misled or demeaned by a debt XXXX attorney in a courtroom. By taking action, the CFPB can help ensure that debt collection firms like XXXX uphold the law and respect consumers rights and dignity during the legal process. Thank you for your attention to this serious matter. \n\nSources : XXXX. XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX Order on Motion to Dismiss ( XXXX. XXXX XXXX XXXX, XXXX ). ( Allegations of XXXX using incorrect addresses to obtain default judgments ; court discussion of FDCPA purpose to eliminate abusive practices. ) XXXX. XXXX Complaint against XXXX, XXXX XXXX XXXX ( XX/XX/XXXX ) and ( XX/XX/XXXX ). ( XXXX reports of unfair garnishment practices, lack of communication, and decade-long collection efforts with huge interest accrual. ) XXXX. Oklahoma Rules of Professional Conduct, Rule XXXX Candor Toward the XXXX. ( Prohibits attorneys from making false statements of fact to a court. ) XXXX. XXXX XXXX Firm All You Need to Know About Wage Garnishment ( XXXX ). ( Explains that wage garnishment can take a significant portion of income and push people into financial hardship. ) XXXX. XXXX, XXXX XXXX XXXX website / Consumer advice article. ( Confirms XXXX is a debt collector subject to FDCPA and that they pursue full judgments with interest on behalf of creditors. ) XXXX. XXXX XXXX XXXX, XXXX XXXX XXXX, PLLC Complaint ( XXXX. XXXX filed XX/XX/XXXX ). ( FDCPA lawsuit involving XXXX and XXXX XXXX XXXX ; references to default judgment by publication and garnishment. ) XXXX. XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX. ( Shows XXXX consumer complaints in last XXXX years, indicating a pattern of issues reported by consumers. )","date_sent_to_company":"2025-08-08T00:25:12.000Z","issue":"Written notification about debt","sub_product":"Auto debt","zip_code":"78109","tags":null,"has_narrative":true,"complaint_id":"15141227","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Robinson & Hoover","date_received":"2025-08-08T00:21:31.000Z","state":"TX","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Didn't receive notice of right to dispute"},"highlight":{"complaint_what_happened":["Unfortunately, their pattern of conduct as evidenced by my experience and those of others suggests they XXXX skirt these requirements and rely on the <em>intimidation</em> factor of <em>lawsuits</em> and court orders. The term lXXXX XXXX comes to mind : using the legal system not just to collect what is owed, but to overwhelm and intimidate consumers so they feel they <em>have</em> no voice or rights."]},"sort":[7.279926,"15141227"]},{"_index":"complaint-public-v1","_id":"13646870","_score":7.0492377,"_source":{"product":"Debt collection","complaint_what_happened":"XXXX XXXX XXXX XXXX. \n\nXXXX XXXX XXXX. \n\nXXXX XXXX XXXXXXXX XXXX XXXXXXXX ( XXXX ) XXXX | XXXX XX/XX/XXXX VIA EMAIL TO : XXXX CC : XXXX ( General Counsel, XXXX XXXX XXXX ), et al. \n\nXXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX. \n\n( Ultimate Successor-in-Interest to XXXX XXXX XXXX XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX : XXXX & FINAL PRE-LITIGATION DEMAND IMMEDIATE AND FULL COMPENSATION REQUIRED FOR EXTENSIVE DAMAGES ARISING FROM XXXX XXXX XXXX / XXXX XXXX XXXX 'S CALCULATED FRAUDULENT LITIGATION, PERVASIVE FDCPA & XXXX VIOLATIONS, UNLAWFUL RETALIATION, SYSTEMIC CORPORATE MISCONDUCT, AND CONTINUED OBSTRUCTION BY SUCCESSOR ENTITIES IN XXXXXXXX XXXX XXXX XXXX ( XXXX XXXX XXXX vs. XXXX ) Full Amount Demanded for Comprehensive Pre-Litigation Settlement of All Claims : {$100000.00} Dear XXXX XXXX, This letter constitutes an ultimate, final, exhaustive, and unequivocally comprehensive pre-litigation demand directed to you, as President and Chief XXXX XXXX of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX as XXXX XXXX parent company and successor-in-interest, bears full, direct, and non-delegable legal and financial responsibility for the severe and extensive liabilities incurred by its acquired subsidiary, XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX I demand immediate payment of the full sum of {$100000.00} to compensate for the profound and multi-faceted damages inflicted upon me over more than XXXX years. These damages stem directly from a meticulously documented, calculated scheme involving extrinsic fraud upon the XXXX XXXX XXXX XXXX and myself ; flagrant and persistent violations of the XXXX Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 et seq. ; violations of XXXX XXXX XXXX  Fair Debt Collection Practices Act ( XXXX ), XXXX. XXXX. XXXX XXXX et seq. ; unlawful retaliation ; and other egregious misconduct perpetrated by XXXX XXXXe and its authorized legal agent at the time, XXXX XXXX XXXX XXXX XXXX ( \" XXXX '' ), concerning XXXX Case No. XXXX. \n\nThis demand is the culmination of years of effort seeking accountability for actions that were not merely negligent, but demonstrably fraudulent, illegal, undertaken in bad faith, and potentially retaliatory. The conduct detailed herein resulted in direct financial theft through unlawful wage garnishment ( including attempted bank levies ) procured via a void judgment, substantial consequential financial losses, severe and prolonged emotional distress, damage to my personal and professional standing, and the unconscionable forced expenditure of my personal resources over the better part of XXXX years. The demanded sum represents a comprehensive accounting of these harms and the applicable legal penalties, reflecting the gravity of the misconduct attributable to XXXX 's subsidiary, XXXX XXXX. XXXX XXXX XXXX 's continued failure to rectify this situation, despite numerous documented attempts by me to resolve it since uncovering the fraud in XXXX ( including communications directed specifically to you during your tenure as CEO and to other XXXX XXXX XXXX, necessitates this final ultimatum before the immediate commencement of comprehensive litigation against XXXX and all responsible subsidiary entities. \n\nI. THE PARTIES AND XXXX XXXX XXXX XXXX INDISPUTABLE RESPONSIBILITY XXXX XXXX XXXX XXXX : The original plaintiff and debt owner whose actions, undertaken directly and through its agent XXXX XXXX XXXX, form the basis of this demand. \nXXXX XXXX XXXXXXXX XXXX : The law firm retained by XXXX XXXX as its agent to prosecute XXXX Case No. XXXX. XXXX XXXX is legally responsible for the actions and omissions of its agent, XXXX, undertaken within the scope of that agency, including the fraud, statutory violations, and retaliatory conduct detailed herein. \nXXXX XXXX XXXX XXXX XXXX : The parent corporation that acquired XXXX XXXXXXXX XXXX XXXX XXXX XXXX, thereby assuming its XXXX and its substantial liabilities, including direct responsibility for the damages arising from XXXX XXXX XXXX prior unlawful conduct and fraudulently procured judgment. \nXXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  : A prominent XXXX subsidiary acting as the operational successor managing XXXX XXXX XXXX portfolio and affairs. Communications with XXXX counsel ( e.g., XXXX XXXX, XXXX XXXX ) constitute communications with XXXX 's agent regarding these liabilities. \nXXXX XXXX XXXX, as XXXX XXXX parent and successor, can not legally or ethically shield itself from the documented fraud and illegal acts committed by its subsidiary, XXXX XXXX, and its agents. XXXX 's persistent failure to address this matter substantively, despite years of my outreach with clear evidence, only compounds the original wrongdoing and demonstrates a continued disregard for consumer rights and legal accountability. \n\nXXXX. EXHAUSTIVE FACTUAL CHRONOLOGY : A XXXXYEAR TIMELINE OF DECEIT, ILLEGALITY, RETALIATION, AND CORPORATE FAILURE The history of XXXX XXXX XXXX pursuit of the alleged debt in XXXX Case No. XXXX is not XXXX of legitimate debt collection efforts but reveals a deliberate and sustained manipulation of the judicial process by XXXX XXXX  and XXXX XXXX XXXX, resulting in a void judgment and unlawful financial injury : Debt Origin & Statute of Limitations ( XXXX ) : The underlying matter concerned an alleged debt originating from a Citibank credit card account. My last payment on this account was made in XX/XX/XXXX. Pursuant to XXXX XXXX of XXXX XXXX XXXX, the applicable XXXX-year statute of limitations ( XXXX ) to commence legal action to enforce this debt irrevocably expired in XX/XX/XXXX. After this date, any lawsuit seeking collection was legally barred and its continued pursuit constituted a violation of law. \nXXXX XXXX  ( XXXX ), XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX : XXXX XXXX filed an initial XXXX on this debt ( XXXX Case No. XXXX ) in XXXX. After I, acting XXXX XXXX, challenged the validity of service and requested dismissal with prejudice, XXXX voluntarily dismissed that action without prejudice on XX/XX/XXXX. \nSecond Lawsuit Filing ( XXXX XXXX ) & Unlawful Retaliation ( XX/XX/XXXX ) : XXXX XXXX, via XXXX, re-filed the lawsuit as XXXX Case No. XXXX on XX/XX/XXXX notably, just months before the XXXX was due to expire, and shortly after the dismissal of the first suit which I had actively contested. The swift re-filing and subsequent aggressive pursuit of this second action, despite the looming XXXX XXXX and after I had successfully asserted my rights regarding the first improperly served lawsuit, strongly suggests a retaliatory motive by XXXX XXXX XXXX, acting on behalf of XXXX XXXX. This retaliatory litigation, aimed at punishing me for asserting my rights, constitutes an abusive practice under the FDCPA ( XXXX ) and a malicious abuse of process. \nXXXX Expires ( XX/XX/XXXX ) : The statute of limitations definitively expired in XX/XX/XXXX. \nXXXX 's Documented Admission of Expired XXXX ( XX/XX/XXXX ) : The critical, irrefutable evidence of XXXX XXXX knowing state of mind is the XX/XX/XXXX letter sent by XXXX XXXX XXXX XXXX XXXX by XXXX XXXX XXXX XXXX XXXX an attorney at XXXX ) XXXX the XXXX XXXX General concerning this specific XXXX account XXXX In this official communication, after reviewing the file, XXXX stated unequivocally : \" The billing statements evidence a date of last payment of XX/XX/XXXX. Therefore, the statute of limitations to enforce this debt expired on XX/XX/XXXX. \". This admission proves, beyond any doubt, that months before committing the fraud detailed below, XXXX XXXX, through its authorized legal agent XXXX, possessed documented, actual knowledge that the debt was time-barred and legally unenforceable via lawsuit. \nDefendant 's Active Defense vs. XXXX 's Neglect & Dereliction of Duty ( XXXX XXXX ) : While XXXX XXXX knew the XXXX had expired, I was actively defending the lawsuit XXXX XXXX. I filed a Motion to XXXX XXXX 's XXXX on XX/XX/XXXX. This motion was actively briefed by both parties through XX/XX/XXXX ( XXXX filed opposition XX/XX/XXXX, I filed a reply XX/XX/XXXX ). In stark contrast to my diligence, XXXX XXXX XXXX demonstrated profound neglect of its own professional obligations and a disregard for court procedure. \nXXXX 's Failure to Appear & Resulting Dismissal ( XXXX XXXX ) : XXXX XXXX XXXX XXXX XXXX duty to appear at mandated Status Conferences scheduled for XX/XX/XXXX, and again on XX/XX/XXXX, resulting in continuances. XXXX has a fundamental, non-delegable duty to attend scheduled court hearings. As a direct consequence of XXXX 's repeated non-appearance and failure to prosecute, the XXXX dismissed the entire action ( XXXX ) on XX/XX/XXXX. \nThe Fraudulent Motion to Reinstate & Calculated Concealment ( XX/XX/XXXX ) : Demonstrating extraordinary bad faith and a clear intent to deceive the XXXX and myself, just XXXX weeks after the dismissal resulting from its own neglect, XXXX filed a Motion to Vacate that dismissal on XX/XX/XXXX. This motion is the locus of the extrinsic fraud perpetrated upon the XXXX and myself. Despite possessing the XX/XX/XXXX letter confirming the XXXX had expired almost a full year prior, XXXX deliberately and fraudulently concealed this known, dispositive fact from the XXXX and from me in its moving papers seeking reinstatement. XXXX sought XXXX XXXX ( presumably under XXXX XXXX for its own prior neglect ) while actively hiding the truth that the underlying claim was legally dead, rendering reinstatement improper, futile, and a violation of law. This calculated omission constitutes a profound breach of the duty of candor owed to the tribunal ( Rule XXXX, XXXX of XXXX. XXXX ) and clear misrepresentation by concealment. \nCompounded Fraud : Concealment of XXXX & XXXX Illegality : The fraud was further compounded by XXXX 's active concealment that attempting to reinstate and pursue litigation on this known time-barred debt was, in itself, an illegal act violating both the federal FDCPA ( 15 U.S.C. 1692e & 1692f prohibiting false representations about a debt 's legal status and unfair/unconscionable collection means ) and XXXX XXXX XXXXXXXX ( XXXX. XXXX. XXXX XXXX et seq. ). Litigating known time-barred debts is a well-established violation ( XXXX v. XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX failed to disclose it was asking the court to facilitate federally and state-prohibited conduct. \nImproper Reinstatement Based on Fraud ( XX/XX/XXXX ) : Deceived by XXXX fraudulent omissions regarding the XXXX and the illegality of the action, and having received no notice of these dispositive contrary facts in the moving papers, the XXXX granted the unopposed motion and reinstated the case. This XXXX was procured directly by XXXXXXXX XXXX  extrinsic fraud, which prevented both the XXXX and myself from addressing the fundamental legal bar to the action at that critical juncture. My non-opposition was a direct result of this fraud relying reasonably on the clear XXXX bar and XXXXXXXX XXXX professional duties, I was deprived of understanding the necessity of opposing a motion predicated on such profound deceit. \nXXXX XXXX & XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX : All subsequent proceedings were fatally tainted by the fraudulent reinstatement. The trial held on XX/XX/XXXX ( where XXXX XXXX, instead of addressing the merits, reportedly deflected from his firms prior neglect by complaining about my earlier, proper XXXX XXXX XXXXXXXX ) and the resulting judgment are void or voidable as fruit of the poisonous treethe fraudulent reinstatement. Based solely on this void judgment, XXXX XXXX  unlawfully garnished {$13000.00} from my wages via the XXXX XXXX XXXX XXXX 's Department between approximately XX/XX/XXXX and XX/XX/XXXX. Furthermore, during this period, XXXX XXXX XXXX, on behalf of XXXX XXXX, filed multiple liens against me and attempted to levy a bank account of mine at XXXX XXXX XXXXXXXX, compounding the unlawful collection efforts on a judgment procured by fraud. \nXXXX of Fraud and Diligent Pursuit of Resolution ( XXXX ) : The full extent of XXXXXXXX XXXX XXXXXXXX, pre-existing knowledge and the calculated nature of the fraud during the reinstatement phase became clear to me upon detailed investigation and obtaining the XX/XX/XXXX XXXX Letter XXXX XXXX. Since this discovery, I have acted with unwavering diligence, engaging in extensive documented communication efforts starting in XXXX with XXXX XXXX XXXX successor entity ( XXXX ) and its counsel ( XXXX XXXXXXXX XXXX XXXX XXXXXXXX ) and executives ( including direct communications and demands to you, XXXX XXXX, as CEO of XXXX  ), presenting this irrefutable evidence of fraud and illegality, and demanding restitution. \nPattern of Systemic Corporate Misconduct ( XXXX XXXX ) : The actions taken against me were not isolated but occurred within a context of systemic disregard for consumer rights by XXXX XXXX, for which XXXX bears successor liability. This pattern is evidenced by major regulatory enforcement actions imposing substantial penalties : FTC XXXX XXXX : Required XXXX XXXX to pay {$2.00} XXXX to settle charges that it systematically engaged in deceptive collection practices including pursuing time-barred debts without proper disclosures and substantiation, misrepresenting its intention to sue, and placing debt on credit reports without notification. \nCFPB XXXX Settlement : Required XXXX XXXX XXXX and XXXX XXXX to pay {$15.00} XXXX partly for violating a prior consent order aimed at curbing similar unlawful practices, including improper litigation tactics, robo-signing, handling of time-barred debt, and suing consumers without proper documentation. These settlements establish corporate notice and a pattern of conduct highly relevant to establishing the knowing, willful, and potentially malicious nature of the actions in my case. \nPersistent Obfuscation, Deflection, and Intimidation by XXXX  ( XXXX ) : My diligent efforts since XXXX to obtain redress based on the clear evidence of fraud have been consistently met with bad faith from XXXX 's representatives. XXXX XXXX ( XXXX XXXX, formerly of XXXX ) engaged in protracted gaslighting, mischaracterizing the fraud as a \" court approved process, '' ignoring the FDCPA violations, and falsely attempting to shift blame onto me. External counsel XXXX XXXX issued a cease and desist letter on XX/XX/XXXX, reinforcing these false narratives and attempting intimidation while utterly failing to address the documented fraud. The recent XX/XX/XXXX misdirection involving XXXX XXXX XXXX  ( which now operates from XXXX XXXX XXXXXXXX XXXX  former XXXX address and employs XXXX XXXX, despite denying acquisition or liability assumption ) further illustrates the ongoing difficulties in obtaining straightforward accountability from entities connected to XXXX XXXX network. This consistent pattern of denial, deflection, and obfuscation by XXXX and its agents compounds the original harm and demonstrates a continued refusal to acknowledge or rectify the documented fraud perpetrated by its subsidiary 's agent. \nXXXX. DETAILED LEGAL VIOLATIONS PERPETRATED BY XXXX XXXX & AGENTS The conduct described above constitutes multiple, severe, and actionable violations of law : Extrinsic Fraud Upon the Court & Defendant : The intentional concealment by XXXX ( XXXX XXXX 's agent ) of its documented knowledge of the expired XXXX during the critical Motion to Vacate Dismissal proceedings prevented a fair adversary hearing on reinstatement, fundamentally undermining the integrity of the judicial process and thereby constituting extrinsic fraud. This is not mere intrinsic fraud ( like perjury during trial ) but a fraud that prevented me from fully presenting my defense to the reinstatement itself. XXXX law provides robust mechanisms to address such fundamental injustices. \nRight to Vacate Judgment Procured by Extrinsic Fraud : A judgment procured by extrinsic fraud is against public policy and may be vacated by an independent action in equity or, where the fraud amounts to rendering the judgment void ( e.g., for lack of due process or jurisdiction effectively nullified by the fraud ), by motion under XXXX XXXX ( d ). \nCourts have inherent equitable power to set aside judgments obtained by extrinsic fraud after the time for statutory relief has passed, provided the aggrieved party acts with diligence upon discovering the fraud. Seminal cases like XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, establish that \" equity will relieve an injured party from the effect of a judgment procured by extrinsic fraud, mistake or excusable neglect which was not the result of negligence or laches on his part. '' Extrinsic fraud includes \" conduct which prevents the party from presenting his claim or defense to the court, '' including \" concealment of facts which, if known to the court, would have prevented the rendition of a judgment. '' ( In re XXXX of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX concealment of the known XXXX bar directly prevented the court and me from addressing this dispositive issue at the reinstatement phase. \nThe requirement is reasonable diligence in seeking relief after discovery of the fraud ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ). As detailed, I have acted with such diligence. \nFair Debt Collection Practices Act ( FDCPA ) Violations ( 15 U.S.C. 1692 et seq. ) : XXXX, but not limited to : XXXX ( XXXX ) ( A ) : False representation of the character, amount, or legal status of the debt ( by litigating a known time-barred debt as if legally enforceable and by obtaining a judgment based on such fraud ). \nXXXX ( XXXX ) : Threatening to take ( and actually taking ) legal action ( reinstating the lawsuit, proceeding to trial, obtaining judgment, and garnishing wages, including attempted levies ) that could not legally be taken due to the XXXX bar. \nXXXX ( XXXX ) : Use of false representations and deceptive means ( specifically, concealing the XXXX expiry from the court and defendant during the reinstatement motion ) to attempt to collect the debt and obtain a judgment. \nXXXX : Use of unfair or unconscionable means to collect or attempt to collect any debt ( most notably, abusing the court process by litigating a claim known to be time-barred ). \nXXXX ( XXXX ) : Collecting an amount ( the garnished wages and attempting further levies ) not permitted by law, as it stemmed directly from a void judgment procured by fraud and multiple FDCPA violations. \nXXXX : The aggressive, potentially retaliatory nature of the continued litigation after the first dismissal, particularly the fraudulent reinstatement and pursuit to judgment, constitutes harassment or abuse. \nXXXX Fair Debt Collection Practices Act ( XXXX ) Violations ( Cal. XXXX. XXXX XXXX et seq. ) : XXXX : Expressly incorporates violations of the FDCPA ( sections XXXX through XXXX ) as violations of the RFDCPA, thereby making all the above FDCPA violations also state law violations. \nXXXX ( a ), ( XXXX ), ( f ) : Making untrue or misleading representations regarding the debt, its legal status, or the implications of nonpayment ; threatening or taking actions not legally permissible. \nPotential Additional Common Law Torts : The deliberate, documented, and harmful nature of the conduct by XXXX XXXX XXXX XXXX claims for common law fraud ( deceit ), abuse of process ( willful misuse of legal procedure for an improper purpose, including retaliatory litigation and pursuing judgment on a known false premise ), and intentional infliction of emotional distress. \nIV. REFUTATION OF ALL ANTICIPATED AND PREVIOUSLY ASSERTED DEFENSES XXXX XXXX XXXX has no valid defense for the actions of its subsidiary, XXXX XXXX, and its agent, XXXX XXXX XXXX : Laches/Passage of Time : This defense fails utterly. As established, the claim for relief from a judgment based on extrinsic fraud is governed by equity, and the relevant period for assessing diligence runs from the discovery of the fraud, not the date of the original judgment. I discovered the documented proof of XXXX 's fraudulent concealment in XXXX and have acted with demonstrable and unwavering diligence since then, including extensive pre-litigation attempts to resolve this matter with XXXX XXXX XXXX including yourself, XXXX XXXX ) which were consistently rebuffed. An entity that perpetrates and benefits from fraud can not then claim prejudice from the victim 's diligent efforts to uncover and rectify that fraud, especially when its own agents actively concealed the wrongdoing. Returning unlawfully obtained funds does not constitute undue prejudice ; it is a matter of equity and law. \n\" XXXX Approved Process ''/ Waiver : The argument previously advanced by XXXX XXXX XXXX XXXX XXXX XXXX XXXX reinstatement was merely a \" court approved process '' under XXXX XXXX and that I somehow waived defenses by not opposing the fraudulently induced motion or by not re-litigating the XXXX at XXXX trial predicated on fraud is specious, offensive, and legally untenable. A procedural mechanism like XXXX XXXX can not be used as a shield to legitimize an outcome procured through fraudulent concealment of dispositive facts and active violation of federal law. The process itself was irredeemably tainted by the fraud at its inception ( the motion to reinstate ). Furthermore, one can not waive rights or defenses XXXX was effectively prevented from fairly and fully asserting due to the opposing party 's extrinsic fraud and concealment. The primary duty was on XXXX XXXX not to commit fraud upon the court in the first instance. \n\" Unclean Hands '' XXXX by XXXX : XXXX XXXX dare to assert an \" unclean hands '' defense against me, such an argument would be utterly baseless and a transparent attempt to deflect from its own ( and its predecessor 's agent 's ) profound misconduct. The doctrine of unclean hands is an equitable defense applicable only when the party seeking relief has themselves engaged in misconduct directly related to the specific matter in which relief is sought and which has prejudiced the opposing party in that same transaction. Any allegations regarding the tone or frequency of my communications, undertaken over many years while facing documented fraud, obfuscation, and illegal collection efforts, do not constitute \" unclean hands '' that would bar my claims for relief from XXXX XXXX 's documented fraud and statutory violations in procuring and enforcing a void judgment. XXXX XXXX, by engaging in fraudulent litigation, violating federal and state consumer protection laws, and benefiting from a judgment procured by deceit, is unequivocally the party with demonstrably \" unclean hands '' in this matter. XXXX, as its successor, can not cleanse these hands by attacking the victim of its predecessors fraud. The focus must remain on the original, documented fraud perpetrated by XXXX XXXX 's agent, which XXXX is now liable for. \nV. COMPREHENSIVE ASSESSMENT OF DAMAGES FULL DEMAND FOR PRE-LITIGATION SETTLEMENT The cumulative effect of XXXX XXXX XXXX sustained fraudulent and illegal conduct warrants the imposition of full compensation covering all facets of the harm inflicted : Actual Financial Damages : Restitution of All Unlawfully Garnished Wages : {$13000.00}. \nAccrued Pre-Judgment Interest ( Calculated XXXX ) : {$17000.00}. ( Calculated estimate @ 10 % simple interest per annum from XXXX garnishment dates to XX/XX/XXXX ; subject to precise calculation and potential adjustment based on applicable statutory rates under California law ). \nDamages for Demonstrable Harm to Creditworthiness : Amount to be determined based on evidence of negative reporting, impact on credit access/terms, and costs to repair. \nOut-of-Pocket Expenses : Amount to be determined based on evidence of costs incurred pursuing this matter. \nStatutory Damages for Violations of Consumer Protection Laws : FDCPA Statutory Damages : {$1000.00} ( Maximum per action under XXXX U.S.C. XXXX ( a ) ( XXXX ) ( A ) ). \nXXXX XXXX Damages : {$1000.00} ( Maximum per action under XXXX. XXXX. Code XXXX ( b ) ). \nDamages for Severe and Prolonged Emotional Distress : {$25000.00}. This sum is demanded as compensation for the significant, substantial, and prolonged emotional distress endured for well over XXXX years. This distress includes, but is not limited to : the immense stress, anxiety, and feelings of helplessness associated with facing fraudulent litigation initiated by a major corporation ; the humiliation and financial hardship resulting from the unlawful wage garnishment and attempted bank levies ; the damage to my personal and professional reputation ; the loss of peace of mind ; and the extreme frustration and anger caused by years of dealing with corporate denial, gaslighting, and obfuscation from XXXX XXXX and its successors. This figure represents a conservative pre-litigation valuation for this profound harm ; the actual damages proven at trial could be substantially higher. \nPunitive Damages : {$50000.00}. Punitive damages pursuant to California XXXX XXXX XXXX are unequivocally warranted and demanded due to the clear and convincing evidence of malice, oppression, and fraud demonstrated by XXXX XXXX and its agent XXXX XXXX XXXX. This conduct includes : ( a ) the intentional and deliberate concealment of the known expired statute of limitations from the XXXX XXXX XXXX XXXX a direct act of fraud upon the tribunal ; ( b ) the knowing pursuit of litigation in direct violation of federal and state consumer protection laws ( FDCPA & XXXX ) ; ( c ) this unlawful conduct being entirely consistent with a documented pattern of similar widespread misconduct by Asset Acceptance leading to significant regulatory penalties ( XXXX ), evidencing corporate ratification or reckless disregard ; ( d ) the retaliatory nature of the litigation campaign ; and ( XXXX ) the subsequent sustained obfuscation and denial by successor counsel when confronted with irrefutable evidence of the fraud. This pattern of egregious conduct requires the imposition of substantial punitive damages necessary to punish XXXX XXXX and to deter such unlawful corporate behavior in the future. This amount is demanded for pre-litigation settlement and is subject to significant increase at trial based on full evidence of reprehensibility and XXXX XXXX  financial condition. \nXXXX XXXX : Full vacatur of the void judgment in XXXX XXXX XXXX. XXXX and mandatory, verifiable correction of all related adverse information on my credit reports by XXXX XXXX. \nTOTAL CALCULATED & ESTIMATED DAMAGES DEMANDED FOR PRE-LITIGATION SETTLEMENT : {$100000.00} ( {$13000.00} [ Garnishment ] + {$17000.00} [ Interest Est. ] + {$1000.00} [ FDCPA XXXX. ] + {$1000.00} [ XXXX XXXX. ] + {$25000.00} [ Emotional Distress ] + {$50000.00} [ Punitive Damages ] ) VI. FINAL DEMAND FOR IMMEDIATE PAYMENT DEADLINE XX/XX/XXXX AND CONSEQUENCES OF NON-COMPLIANCE This letter constitutes XXXX XXXX XXXX 's absolute final opportunity to amicably and fully resolve all claims arising from the fraudulent and illegal conduct of XXXX XXXX and its agents in XXXX Case No. XXXX before comprehensive litigation is initiated. \n\nI hereby demand immediate payment from XXXX XXXX XXXX XXXX XXXX of the full {$100000.00}. \n\nThis payment must be remitted in the form of a certified check payable to XXXX XXXX XXXX XXXX and physically received at my address listed above no later than XXXX ( XXXX ) calendar days from the date of this letter, which is Friday, XX/XX/XXXX. \n\nShould XXXX XXXX XXXX XXXX XXXX fail to comply fully with this demand by the specified deadline, or fail to engage in immediate, good faith negotiations leading to a satisfactory resolution, I will, without any further notice, immediately commence comprehensive legal action against XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, and any other liable individuals or entities. This lawsuit will vigorously pursue the full range of all actual damages ( including precisely calculated interest, proven credit damages, and costs ), statutory damages under both FDCPA and XXXX, full compensation for severe emotional distress, substantial punitive damages reflecting the malicious and fraudulent nature of the conduct, plus all recoverable litigation costs and attorney 's fees as provided by law. Concurrent formal legal action will be taken in the XXXX XXXX XXXX XXXX to vacate the void judgment based upon the extrinsic fraud detailed herein. \n\nGiven the irrefutable documentary evidence establishing intentional fraud and clear violations of law, XXXX XXXX 's history of regulatory sanctions for similar conduct, and the persistent bad faith demonstrated by successor counsel in response to my legitimate grievances, continued denial or delay by XXXX is untenable and will only exacerbate XXXX 's ultimate liability. It is strongly and unequivocally advised that XXXX XXXX XXXX address this egregious matter responsibly and immediately to avoid the substantial financial exposure, reputational damage, and public scrutiny of protracted litigation over these well-documented and deeply concerning facts. \n\nGovern yourselves accordingly. \n\nSincerely, XXXX XXXX XXXX XXXX.","date_sent_to_company":"2025-05-22T06:24:41.000Z","issue":"False statements or representation","sub_product":"Credit card debt","zip_code":"92240","tags":null,"has_narrative":true,"complaint_id":"13646870","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CITIBANK, N.A.","date_received":"2025-05-22T06:24:16.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["Seminal cases like XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, establish that \" equity will relieve an injured party from the effect of a judgment procured by extrinsic fraud, mistake or excusable neglect which was not the result of negligence or laches on his part. '' Extrinsic fraud includes \" conduct which <em>prevents</em> the party from presenting his claim or defense to the court, '' including \" concealment of facts which, if known to the court, would <em>have</em> <em>prevented</em> the rendition of a judgment"]},"sort":[7.0492377,"13646870"]},{"_index":"complaint-public-v1","_id":"8021030","_score":4.9355993,"_source":{"product":"Debt collection","complaint_what_happened":"BUSINESS ASSOCIATION BREACH & HIPPA/ MEDICARE INSURANCE VIOLATIONS & FRAUD TO IMPROPERLY EXTORT, STEAL & UNLAWFULLY WITHDRAW MY MONEY BY ABUSIVE & INVALID GARNISHMENT ACTIONS PETITIONERS FOR IMMEDIATE OFFICIAL INVESTIGATION OF THIS ABUSE & FRAUD IMPROPER USE OF THE JUDICIAL SYSTEM : My complaint is against a Hospital and Medical Provider XXXX XXXX XXXX XXXX XXXX XXXX XXXX IN, and their unlawful/non-bonafide business associates : XXXX XXXX XXXX XXXX XXXX for MEDICAL IDENTITY FRAUD, THEFT, & DIRTY CLAIMS FRAUD. The Provider and its unsanctioned are pursuant to policy XXXX XXXX XXXX XXXX and Aggravated/Aggressive Predatorial `` Debt Collector '' knowingly abrogating & evading the requirements of the EMTALA program of the Federal government for uninsured Patience ( s ) .To unlawfully violate the HIPPA LAWS & HIPPA 'S PRIVACY/SECURITY LAWS and caused \" UNLAWFUL BREACH '' to sell \" BUNDLES OF ALLEGED BAD DEBTS '' that are in majority of cases supposed to have been paid by the \" FEDERAL GOVERNMENT MEDICAL ASSITANCE PROGRAM ( S ) LIKE THE EMTALA ''. Fraudulently including with submission to the Government for payment said hospital \" DOUBLE DIPS '' and sales of these \" BUNDLES OF ALLEGED BAD DEBTS '' to Aggressively Predator \" DEBT COLLECTORS '' who are also 9 out of 10 not even properly contracted as XXXX XXXX XXXX XXXX XXXX' as required by the HIPPA STATUES according to subtitle D of the ARRA, SEC. 13401, APPLICATION OF SECURITY PROVISIONS AND PENALTIES TO BUSINESS ASSOCIATES OF COVERED ENTITIES ; and SEC. 1307 ( 1 ) BREACH SECURITY ; Title 15 U.S.C. sect ( s ) 1692g and 1681-1692 et seq., as well. Also, the revised section of the Social Security Act 1176 ( a ). Not acting in the best interest of the Public or this former XXXX XXXX XXXX XXXX XXXX. The hospital is knowingly & willfully Entrapping uninsured and/or low-income patients into illegal Debt traps with the private and personal information they obtain from the patients under the disguise that such information is needed for their medical care and payment from the State to the hospital on their aka the patient 's behalf. A potential BREEDING GROUND for corruption and deceptive business practices. On XX/XX/XXXX, said law firm of XXXX XXXX XXXX XXXX had been stalking this Petitioner to Extort money from this petitioner at his former place of employment with STRATOSPHERE QUALITY LLC, to take advantage of the petitioner 's vulnerable former status as a Patient with XXXX XXXX XXXX. Pursuant to the bogus Request for Affidavit Signature and Assignment of Debt said the law firm has been stalking said petitioner before the signing of the bogus/fraudulent agreement with the Hospital XXXX XXXX XXXX XXXX XX/XX/XXXX during the time of the National Pandemic and after post patient 's discharge from the hospital unbeknown to him. Said the law firm was stalking this petitioner to erroneously collect on an alleged \" DEBT '' before the firm had even purchased the alleged \" BAD HOSPITAL DEBT '' from the Hospital. The Law firm didn't even own it before XX/XX/XXXX ; yet they were still attempting to collect. Unsavory Business & Debt Collection Practices. UDAAP & FDCPA Act violations. One XXXX XXXX, XXXX of XXXX XXXX conspired and XXXX to violate HIPPA requirements and security, her position and the Hospital 's position of Trust and the patient 's right to privacy to sell alleged \" BAD HOSPITAL 'S DEBTS '' to XXXXXXXX XXXX XXXXXXXX XXXX XXXX to patients that the private and personal information they gave to the hospital would eventually be used against them in this manner. Unlawful exposure of this Petitioner 's personal and private information and security breach. By impermissible use and disclosure under the Privacy Rule that has compromised the security and privacy of this Petitioner 's health and financial information. Said attorney XXXXXXXX XXXX XXXXXXXX XXXX is not even a \" Covered Entity '' as required by the HIPPA Privacy & Security Rule. XXXX XXXX violated the rules by failing to 'safeguard ' said Petitioner 's private & protected health information from Misuse. Even being a \" Covered Entity ' that 'Covered Entity ' is only allowed by law to use protected Health and Private Information to carry out its Health Care functions. Not for the business Associates ' Independent use or purposes. The law firm had not had any \" Health Care Functions ''. Violating HIPPA RULES ( Privacy Security ) Breach Notification and Enforcement Rules 45 CFR Part 160 and Part 164 et. seq. Failing to use appropriate safeguards by XXXX XXXX as required by Subpart C at 45 CFR Part 164 with respect to electronically protected health information to prevent disclosure of protected health information other than as provided by the Agreement. XXXXXXXX XXXX  XXXX has never provided any evidence that they are holders of proper Business Associate agreement with XXXX XXXX XXXX to be having access to such private information as required by 45 CFR 160.103 Administration Simplification Rules as well. And is deemed by law to be an '' Unauthorized Person '' under the statute. XXXX XXXX XXXX and its XXXX XXXX XXXX XXXX and or enact the required 'Breach Risk Assessments ' before selling off any of the alleged \" Hospital 's BAD DEBTS '', also required under the statute. Being a 'Serious Health and Safety Breach ' having a Reckless disregard for the 'risk ' of harm erroneously imposed on another ; aka this Petitioner. THERE IS NO BONAFIDE OR CONTRACTUAL AGREEMENT BETWEEN EITHER OF THESE PARTIES IN QUESTION FOR A COURT TO DRAW ITS RULING FROM OR GIVE ANY COURT AUTHORITY AT REM OR OTHERWISE TO HOLD THIS PETITIONER LIABLE FOR A CONTRACT THAT NEVER EXISTED. iS UNACCEPTABLE FOR ANY SYSTEM PURORTING TO BE A JUST SYSTEM OF LAW. EVIDENCE OF PUBLIC CORRUPTION AT ITS FINEST. WHERE HEARINGS WITHIN THE SMALL CLAIMS COURT AND COURT OF APPEALS ARE A XXXXXXXX XXXX AND ONLY FOR THEIR PEERS TO OBTAIN ACCESS TO CONTRADICTORY TO THE PROHIBITION ( S ), OBLIGATION ( S ), DEMAND ( S ), AND GUARANTEE TO PETITION & ACCESS OF THIS STATE & FEDERAL CONSTITUTION ( S ). BASED UPON THESE JUDGE 'S, MAGISTRATE 'S, AND APPEAL JUDGES ' HIDDEN POLICIES AND PROCEDURES OUTSIDE THE STATE AND FEDERAL LAWS OF FED. ( & STATE ) R. CIV. PRO. & LAW. DUE TO SPECIAL PREFERENTIAL TREATMENT FOR THEIR ALLEGED BAR-LICENSED ATTORNEY ( S ) & COLLEAGUES MADE IT IMPOSSIBLE FOR THIS PETITIONER TO OBTAIN ANY RESEMBLANCE TO A FAIR & IMPARTIAL HEARING OR TRIAL BEFORE THEIR COURTS. DUE TO ALLEGED \" PRO SE LITIGANTS '' BEING UNLAWFULLY PREJUDICED AND DISFAVORED BY THE COURTS. AND MAGISTRATES CROSSING THE LINE IN BECOMING ADVOCATES FOR THE COMPLAINED ABOUT ATTORNEY ( S ) AND ITS FIRM LISTED HEREIN. AND ADVERSARY TO THIS UNWITTING AND ORIGINALLY UNSUSPECTING PETITIONER. By purchasing these \" BAD HOSPITAL DEBTS '' the law firm of XXXXXXXX XXXX XXXXXXXX XXXX was \" PROHIBITED '' by the Doctrine of \" Volenti Non-Fit Injuria '', the plaintiff 's consent serves as a defense AGAINST HIM. The doctrine clearly states and is well-settled in law that If a person consents to harm committed upon him, that person can not be permitted to sue the other for the tort. Consent to such harm can be either implied or expressed. In the case of express consent, the consent is open and either verbal or contractual. And XXXX XXXX XXXX XXXX invited its own Harm by purchasing \" BAD HOSPITAL DEBT ( XXXX ) '' they knew they probably could not \" COLLECT UPON ''. Therefore, they had No right to Equity. Equity by law was not supposed to be afforded to them, under the above doctrine and the Doctrine of \" Unclean Hands. '' Totally obliterating their obligations and requirements under the Fair Debt Collection Practices Act also known as the \" FDCPA '' prohibitions. Under this Act ( Title VIII of the Consumer Credit Protection Act ), third-party debt collectors are prohibited from using deceptive or abusive conduct in the collection of consumer debts incurred for personal, family, or household purposes. The law firm was committing acts of \" DECEIT '' by using improper communication tactics and unlawfully and abusively using the Courts as a Weapon through 'irregular proceedings ' as a means of Intimidation in their unlawful attempts to collect an alleged \" debt '' ; & contact said Petitioner through all 'undeliverable '' mailing addresses of this said petitioner. To obtain unlawful tactical advantages and judgments against said Petitioner by unscrupulous, deceptive, and unjust means to rob this Petitioner of his rights to contest their unlawful acts. Even after the Law firm was able to ascertain said petitioner 's correct address from the employees, these attorneys were coerced into releasing yet again, other private and personal information of this Petitioner. These attorneys would still use the incorrect address to give the false & misleading impression that they were contacting this Petitioner to the Courts when the law firm knew they were not. Falsifying information to authority is a criminal offense under Title 18 U.S.C. sect. 1001,241,242,287,1621, 1623, 208, 876, 981 Civil Foreciture ( C ), ( D0 et. seq., and other applicable laws, including Perjury ; Subordination of Perjury, and Aggravated Perjury. Offense of Perjury -carries a maximum penalty of ( 7 ) seven years of Imprisonment and/or fine. Aiding & abetting or INCITING AN OFFENCE OF PERJURY, ( in which XXXX XXXX XXXX and the attorney XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX and XXXX XXXX ; with XXXX XXXX and XXXX XXXX false affidavits ), Is also an INDICTABLE OFFENCE SUBJECT TO THE SAME MAXIMUM PENALTY. Which Negatively affected the issues at hand and erroneously affected and INFLUENCED THE COURTS. See the Perjury Act of 1911. Indiana Code 35-44. 1-2-1 Perjury A-Class ( 6 ) Felony. Is an \" Injury-in-fact-on Invasion of legally protected interest '' that is both \" concrete and particularized '' and \" actual or imminent '' in accordance to and with Lujan vs. Defenders of Wildlife, 504 U.S. at 560-61. Even before XXXX XXXX XXXX XXXX purchased the \" BAD HOSPITAL DEBT '' from XXXX XXXX XXXX XXXX XXXX XXXX XXXX solicited the assistance of Automatic Data Processing Inc., trade name \" ADP ''. XXXX XXXX XXXXXXXX XXXX, XXXX XXXX XXXX, and XXXX had been tossing around and fully disclosing my Personal social security number around in and out of public records, to any and all employees and other members of alleged teams and employers without my knowledge or consent ; in violation of Employer/Employee work relationship violating their position of trust. In violation of the FDCPA requirement of information that could be disclosed. Violation of a Privacy Law produces an immediate injury in fact sufficient to confer Standing under Article III. \" Unjustifiably high risk '' of violating the statute ( s ). According to Title 15 U.S.C. sect. 1692 Rule 809 ( a ) XXXX XXXX XXXX XXXX was required to send notice to said Petitioner that they were attempting to collect a debt before any so-called Court action were to occur ; which is known to everyone in the \" DEBT COLLECTION MARKET & BUSINESS ''. This is what is called a \" Dunning Letter '' which is to give said Petitioner the right to Dispute any alleged debt in their initial communication. Said Petitioner was denied this right and said attorney ( s ) thwarted proper process and procedures and went straight to court action in violation of the FDCPA rules as stated above and FDCPA rule 1696g ( 5 ) ( b ) the debt collector shall CEASE COLLECTION OFTHE DEBT, or any disputed portion thereof until the debt collector obtains verification of the \" DEBT '' or a copy of a judgment or the name and address of the original creditor, and a copy of such verification or judgment or name and address of the original creditor is mailed to the consumer by the DEBT COLLECTOR. [ cited in relevant part ] Any collection activities and communication during the ( 30 ) day period may NOT OVERSHADOW or be INCONSISTENT WITH THE DISCLOSURE OF THE CONSUMER 'S RIGHT TO DISPUTE THE \" DEBT '' or request the name and address of the original creditor. ( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an \" INITIAL COMMUNICATION '' for purposes in subsection ( a ). ( XXXX ) Notice provisions. The sending or delivery of any form or notice that does not relate to the collection of a debt and is Expressly required under Title 26, Title V of Gramm-Leach-Bliley Act 15 U.S.C. sec. 6801 et. seq., or any provision of Federal or state law relating to Notice of DATA SECURITY BREACH OR PRIVACY, or any regulation prescribed under any such provision of law, shall not be treated as an Initial communication in connection with debt collection for the purposes of this section. Pub. L. 90-321, Title VIII, sect. 809, as added Pub. L. 95-109, Sept 20, 1977, 91 Stat. 879 ; amended Pub. L. 109-351, Title VIII, sect. 802, Oct. 13, 2006, 120 Stat. 2006. 1692j ( 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 consumer 's 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 ion judicial district or similar legal entity ; ( A ) in which such consumer SIGNED ( the law firm knowingly entered a lawsuit on behalf of XXXX XXXX and XXXX XXXX XXXX XXXX XXXX as the plaintiff with NO SIGNED CONTRACT between this Petitioner and any of the aforementioned Parties, and No contract between this Party and that of XXXX XXXX XXXX either ), the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action ( XXXX XXXX XXXXXXXX XXXX initiated an older case in order to ENLARGE a judgment from another cause in XXXX XXXX XXXX XXXX to their own to outdated and obselete addresses the attorney ( XXXX ), ADP and the Courts knew were \" undeliverable '' to said Petitioner to get an upperhand and get a SECOND JUDGMENT PROHIBITED BY LAW & CLAIMED BARRED BY RESJUDICATA 'S ISSUE PRECLUSION & CLAIM PRECLUSION '' ), ( b ) Authorization of Actions. \" NOTHING in this subchapter SHALL BE construed to authorized the bring of legal actions by \" DEBT COLLECTORS '' ( Therefore, XXXX XXXX XXXX XXXX was forbidden & PROHIBITED by statue from bring suits in their own name. ). Interfering with the Proper & General Government Administration & Operations. Pub. L. 90-321, Title VIII, sect. 811, as added Pub. L. 05-109, Sept. 20, 1974, 41 Stat. 880. ). Unconstitutional ( statutorily ) per se In US law, the term illegal per se means that the act is inherently illegal. Thus, an act is illegal without extrinsic proof of any surrounding circumstances such as lack of scienter ( knowledge ) or other defenses Acts not done in Good Faith. The attorney ( s ) at XXXX XXXX XXXX XXXX has violated Indiana 's Rules of Professional Conduct 8.4 ( c ) Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation ; ( d ) Engaging in conduct that is Prejudicial to the administration of justice., 84 ( g ) ,3.1 Diligence, 1.4 Communications, 3.1 ( filing Non- ) Meritorious Claims and Contentions, 3.3 Candor toward the Tribunal, 3.4 Fairness to Opposing Party and Counsel, just to name a few. Byway and through XXXX XXXX XXXX and XXXX XXXX XXXX 's ( who in the law firm has unlawful contact, communications, and undue influence with the courts, and people knows he wheels his position to influence the courts in his law firm favors to obtain illegal and improper judgments for their benefits outside the rules of law ), Illicit UDAAP and commercial practices as prohibited by the FDCPA., FAIR DEALINGS, AND FAIR CREDIT TRANSACTIONS, AND OTHER LAWS & CRIMINAL CODES. XXXX XXXX is in the business of ILLICIT COMMERCE OF BUYING \" BAD DEBT '' AND UNLAWFULLY ASSIST CLIENT TO COLLECT ERRONEOUS DEBTS THAT IS UNCOLLECTIBLE AND ENFORCIBLE BY LAW ; WHEREAS THOSE XXXX XXXX AND AND HER CLIENTS SHOULD KNOW OR SHOULD HAVE KNOWN THE RISK OF HER AND HER CLIENT NOT BEING ABLE TO COLLECT OR RECEIVE PAYMENTS ON THOSE \" BAD DEBTS '' THAT RENDERS THEIR ALLEGED RIGHTS TO BE UNENFORCIBLE ACCORDING TO THE LAWS OF EQUITY AND THE DOCTRINE OF \" VOLENIT NON-FIT INJURIA '' FORFITURES. XXXX XXXX is in direct conflict and direct violation of R. 8.4 which states it's professional misconduct for a lawyer to ( a ) violate or attempt to violate the Rules of Professional Conduct knowingly assisting or induce another to do so or do so through the acts of another ; ( b ) commits a criminal act that reflects ADVERSELY on the lawyer 's honesty, trustworthiness or fitness as a lawyer in other respects. XXXX XXXX had or should have, I, am sure, access to the XXXX XXXX XXXX file and should have been better able to advise them that they had no lawful recourse against my brother XXXX XXXX XXXX. XXXX XXXX was an is well aware of the action being taken against her client XXXX XXXX XXXX by the CFPB for abusive and predatory credit extension where they lure in low-income and those most vulnerable into their Credit scheme where their borrowers are SET-UP TO FAIL so they can charge them unlawful 8th Amendment Excessive Fees & Fine violations aka JUNK FEES to booster their brofits and still steal the people 's care and \" DOUBLE DIP '' AND SOMETIME TRIPLE DIP and obtain money for the resale of the care and FALSE & FICTITIOUS INSURANCE CLAIMS. But yet all in all, instead of XXXX XXXX refusing to continue with representation, XXXX XXXX continues her unlawful representation and XXXX and abet her clients to violate and BREAK THE LAW. Violating 8.4 ( b-e ) Violating Indiana Criminal for Aiding and Abetting the commission of a crime and being an accessory after the fact. See action by the Consumer Financial Protection Bureau vs. XXXX XXXX, attached herein at length as fully set herein. Also, notice that the same actions are being taken against XXXX XXXX ' clients in many other states by the Office of Attorney General for the same abusive and predatory tactics they are attempting to take against my brother now. XXXX XXXX is using her license for an \" IMPROPER PURPOSE '' not to obtain and seek justice for her clients, but to use and Manipulate the Judicial Process as a WEAPON against the people of this State and compromise the Integrity and Impartiality of the Judiciary ; to bring it into ill-repute.. Being in direct conflict with R. 8.4 ( e ) state or implying an ability to influence improperly a government agency or official to achieve results by means that violate the Rules of Profesional Conduct, or other laws ; ( f ) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of Judicial Conduct or other law, Recklessly Endangering Another Person. Title 18 U.S.C.sect. 27045. OVERBILLING< UNEARNED FEES, ILL-GOTTEN GAINS ; Vexing others with UNJUST AND VEXATIOUS LAWSUITS : UNNECESSARILY SPURNING THE COST OF LITIGATION. R.8.4 ( g ) Engaging in conduct in a professional capacity Manifesting, by words or conduct, bias or prejudice based upon race, gender, religion, national origin, XXXX, XXXX orientation, age, SOCIAL ECONOMIC STATUS, or similar factors [ cited in relevant parts ] rendering XXXX XXXX and unfit, undeserving, illegitimate advocate that needs to be removed & disbarred ; for patterns, secretly and out in the open, of repeated offenses like her clients that can not continuously go UNPUNISH. Countless Private Citizens have gone to jail and spent their lives in prison for less. Petitioner asserts that said Attorney is and should be Amendable to the entire Criminal Law and be held to endure its consequences for violations as mentioned herein. And for her continuance to representing clients she knows to have or intends to break the law makes her underserving to be an Officer of the Courts for she has No characteristics that are unbecoming of an Officer of the Courts. And the people are in imminent danger of her continued ability to practice law in the State of Indiana for the people at large are \" AT RISK ''. XXXX XXXX ' behavior shows that she clearly possesses the ability to fulfill her duties and obligations as a professional lawyer and will not and can not be trusted nor accounted upon to follow the rules and act in accordance with the professional standards of a lawyer. Therefore, I move that an Official Investigation be opened up against XXXX XXXX for her unprofessional acts and misconduct as an attorney in my brother 's case and many other causes within XXXX XXXX and other Counties where she practices before the courts within the State of Indiana. Also, I move that the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX be placed under investigation as well because they are the ones that are keeping and collecting data and personal information and dissimulating it to Companies and Lawyers personal and private information of litigants unbeknown to them and without the authority of law violating People Privacy and compromising their personal and private information. Like XXXX and/or XXXX XXXX, and other Managers and Clerks within that office. Inclusions with Lawyers and Attorney firms to BENEFIT THE COURTS AND THEIR BOTTOM-LINE. Making Court Actions nothing more than purpose and motivation for Profit rather than Justice. Placing people of this and all communities PREY and VULUNERABLE to severe financial attacks, calamities, and in harm 's way the court 's vultures and extortionists. Aided by Unconstitutional Exercise of Government Power within the States ' Superior Court in XXXX XXXX XXXX of Indiana and I'm sure other counties as well, XXXX XXXX XXXX being the Most Glaringly Abusive and willingly manipulated. Rendering XXXX a Victim under Congress resend 1998 Identity Theft and Assumption Deterrence Act. This legislation created a New Offense of Identity Theft, which PROHIBITS \" Knowingly transferring or Using WITHOUT LAWFUL AUTHORITY a means of Identification of ANOTHER PERSON ( private & personal information of which the clerks gave to XXXX XXXX XXXX 's lawyer ) ( but lied in other instances that they did not have his access and sent XXXX 's mail to other addresses. ) with the INTENT to commit or to aid, or abet, any UNLAWFUL ACTIVITY THAT CONSTITUTES A VIOLATION OF FEDERAL LAWS, or that constitutes a FELONY under any applicable State or local laws. Like Perjury, Subornation of Perjury, False Claims, and more just to name Like XXXX XXXX and XXXX XXXX coaching their employees to make False Affidavit as you would see in their fabricated complaint levied against XXXX in which they are NOT AN INJURED PARTY as explained above. Engaging in Misconduct for which these attorneys and their law firm should be disciplined and DISBARRED.","date_sent_to_company":"2023-12-20T20:30:34.000Z","issue":"Attempts to collect debt not owed","sub_product":"Medical debt","zip_code":"46805","tags":null,"has_narrative":true,"complaint_id":"8021030","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"ADP Inc.","date_received":"2023-12-18T15:10:25.000Z","state":"IN","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Debt was result of identity theft"},"highlight":{"complaint_what_happened":["The law firm was committing acts of \" DECEIT '' by using improper communication tactics and unlawfully and abusively using the Courts as a Weapon through 'irregular proceedings ' as a <em>means</em> of <em>Intimidation</em> in their unlawful attempts to collect an alleged \" debt '' ; & contact said Petitioner through all 'undeliverable '' mailing addresses of this said petitioner."]},"sort":[4.9355993,"8021030"]},{"_index":"complaint-public-v1","_id":"4036498","_score":3.1741333,"_source":{"product":"Debt collection","complaint_what_happened":"he ability to recover from a scam. As a account to prevent further charges. \nvictim of identity theft. I believe I owe what they say I owe. Dealing with harassing debt collection calls. The debt has been paid ; The debt collector disputing the debt. Harassing and pressure to convince tactics to frighten me. The debt collector dispute the information. Disputing errors but they refuses to give validation accept for copied refurbished information they copied from somewhere. Debt was sold to other collection agency, I am being abusive Debt I do not owe the debt ; and harassing tactics to frighten me. This morning I found a XXXX XXXX Court documents on the ground near the mail box. Full of Forged signatures i never signed and that I filed on the docket without signatures but now they have signatures on them that look like my signature. Personal information being used by them to create Debt. Tormented by debt collection not authorized by a contract between the debt collector abuse scam : Creditor transfer a debt to a debt collector to other Debt Collectors. Over fours and a month now cases in court for over a month in the court, repeatedly using a telephone to annoy by cell phone calls and constantly filing court cases. XX/XX/XXXX2020 XXXX XXXX, Police Department Address : XXXX XXXX Police Department is located at XXXX XXXX XXXX, Room XXXX, XXXX XXXX, XXXX FL. The XXXX of Police of the department is XXXX XXXX. The XXXX XXXX Police Department phone number is XXXX XXXX XXXX. I am reporting Debt collectors criminal charges using my Identity to create old expired accounts. A week ago, I received about 500 pages document with some of my personal information. Many different numbers Many different account numbers of which i never had. A not stating i requested this duplicated of my history back account, in which I didn't. This is almost fourteen years now. I use Money most of the time or dont shop. I feel they are using my Identity at will. Create new accounts with new activity information. Identity Theft, and Wire Mortgage Fraud forging signatures that looks like mine but I never signed these documents, they are changing filed documents to suit their purpose on line, wire somehow. Robo signing Theyre Changing the Records and forging signature on in the XXXX XXXX XXXX Court Some Company called Unknown Company XXXX XXXX XXXX XXXX, ( XXXX XXXX, XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX. I am being terriorized by phone calls and the XXXX XXXX. Theyre attempting to steal my property. Listed as Harassments calls. Recently experienced, the Debt collectors and The neighborhood criminals that the City of XXXX XXXX, XXXX Used to build illegal Houses. The XXXX of XXXX, Fla. Stealing our propertys from probate by My mother XXXX XXXX XXXX, XXXX for Deed property like houses, money and land after it was recorded in the probate. Recorded wills Covenants, privately owned property, three houses building structure on privately owned property all money and seven Lots, three Houses property in the estate. Probate deed was recorded property owners, estate will property inventory of all of decedent 's probate property. including real property, stocks, bonds, business interests, among other assets, was taken theirs and proving their right to an inheritance rights protected by Article XXXX, Section 3, 4, and 5 of the Florida Constitution ), s. In some estates. Adjacent property the tax certificate along with interest and costs. ( Fla. Stat. 197.472 ). Private Property Rights and detailed in the body of recorded legal documents where the property is located places the document in the public records Legal ownership of a property and the rights that come with it. Related to ownership of the property Lot XXXX, XXXX XXXX lot XXXX, lot XXXX, XXXX, XXXX, XXXX, XXXX, XXXX XXXX XXXX, XXXX. Address was XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, and XXXX XXXX XXXX. XXXX Deed related to presence of a will, ownership of the property sought to protect the Constitution prohibit governmental deprivations of life, liberty, or property, without due process of law. the XXXX Amendment due process clause. legal title Complaint, homestead XXXX XXXX XXXX all of XXXX XXXX, XXXX XXXX, involving inheritance, ownership of real property. one must start with the Fifth Amendments Due Process Clause ; Inventory of Estate may be filed with the Court. through the formal process of probate, adverse possession claims of Everything the decedent legal owner of the property owned outright on. Owned by the decedent by ancestor, XXXX XXXX ARTICLE 4.9 building codes, property line Preserving trees, off sets property line branches overhang or roots. reimburse the purchaser the amount paid at the sale, or pay the taxes owed, plus interest within a specific time frame called a \" redemption period, '' which is generally between one to three years. unauthorized taking or use of another person 's property. Needed to regard Heirs of the property and to clear land All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States ; nor shall any State deprive any person of life, liberty, or property, without due process of law ; nor deny to any person within its jurisdiction the equal protection of the laws. Second generation I feel like they are coming after us. They stole all the property and money. Now they want whats left. Recently all the trees were dug up out of my Yard, and our lot next to me. Our property is listed under unlimited XXXX XXXX XXXX XXXX XXXX XXXX at the appraisal office and recorded XX/XX/XXXX under name. XXXX XXXX XXXX XXXX XXXX XXXX XXXX whose address is XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX FL XXXX, XXXX XXXX XXXX XXXXXXXX XXXX  XXXX XXXX XXXX  XXXX XXXX has been set up XX/XX/XXXX in state FL. The current status of the business is Active. The XXXX XXXX XXXX XXXXXXXX XXXX principal address is XXXX XXXX XXXX, XXXX XXXX, XXXX. Meanwhile you can send your letters to XXXX XXXX XXXX, XXXX XXXX, FL, XXXX. The company`s registered agent is XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX FL, XXXX. The company`s management are XXXX - XXXX XXXX XXXX XXXX Preparing to be building No with surveys and or permits remove and cut down the trees off our lot. surveyor to mark out the lines. property boundaries XXXX XXXX lot sizes. required distance in which a building must be away from the property line. and removed trees out of a building area. The authorities usually have a required distance in which a building must be away from the property line. Setbacks are the county administered amount of space that must be undeveloped between a property line and a property and yard. Building illegal houses XXXX x XXXX lot. property line, ( within 1 or 2 ft. XXXX XXXX XXXX property for building code XXXX x XXXX feet. XXXX x XXXX required and is already removing illegal tress from out estate. Two weeks ago, XXXX XXXX and The City Development Dept. Cleared off all the XXXX XXXX from my property and adjacent lot XXXX cleared off the entire lot of trees three feet alongside my property line alone the distance of approximately 70 feet in length. My yard look hotter with the trees I had become accustom to them for shade. They were all illegally removed. Like most of the houses in the XXXX XXXX XXXX are illegally built being the footage in XXXX XXXX sf. XX/XX/XXXX XXXX XXXX, Police Department Address : XXXX XXXX Police Department is located at XXXX XXXX XXXX, XXXX  XXXX, XXXX XXXX, XXXX FL. The Chief of Police of the department is XXXX XXXX. The XXXX XXXX Police Department phone number is XXXX ) XXXX Report # P. XXXX XXXX XXXX and XXXX XXXX. XXXX XXXX mother historical deeds : This action means a threat! Reserve right to our own property not be stolen by the City of XXXX XXXX for Sales and profit. Property-Acquisition-and-transfer-of-property-interests socialized with Real Estate Agents and their greed are improperly discriminatingly against the property owners in the XXXX XXXX XXXX. Property From probate, and crimes relating to theft or destruction of her money and property. My mother Real estate, everyone neighborhood who worked for the city dept. that live in XXXX XXXX knew she was wealthy. Variance from Article 4 Appears unsafe for grey areas of XXXX XXXX. XXXX XXXX XXXX disclose this fact. Advertising our Land on XXXX. Predisposes us to the void of A person 's private property rights. Honor her Last wishes expressed in probate her residential land owned Property used for her family for family Houses or Businesses for her family Community structures development on her Lands. traditional house foundation and not criminals on her property. offenses of Crimes properties. Building Department illegal construction hire the Criminal and drug dealer who are my neighbors. Permit to a construction house thats not up to code. To so the work Needed construction Work. I feel when information other Will was recorded, before death cause them to attack my mom. XXXX XXXX are after, disclose this fact, her heirs, who inherited assets to for profit. Property law - Property law - Acquisition and transfer of property interests : Many people to live in our neighborhood know her just as they know me. The City of XXXX XXXX using criminals building. No building codes or required permits bylaws on our land. appears unsafe our land they are after, and Disruptive destroying our beautiful property building illegal houses all the work is still illegal. Under the regardless of acreage size, from street to street No Code Requirements and without proper inspection. I have been experiencing Identity, harassing phones calls, and trees removed out of our adjacent property and out of my yard I felt this was intimidation! They improperly build my XXXX  now are targeting me with the Wire fraud tastics. Our Ownership I feel we after Deed Covenants recorded, \" Code of Ordinances City of XXXX XXXX XXXX heir or as joint heir with other relatives county records. Murdered unpermitted acquire full ownership rights in the decedent ... destroying after she put her Will in the public probate. Originally, taken from Probate by Lot Clearance, they never clear lots or sweet the roads in XXXX XXXX. List our land for sale. We have been Targeted for this property. Considered XXXX XXXX subdivision XXXX XXXX XXXX heir or as Joint Heir with Other Relatives was considered XXXXommunity county regarding its location at a county and Considered County property. American XXXX people Homeowners live in this area of XXXX XXXX, Florida. I know 30 years ago XXXX XXXX XXXX was much better. Removed by the County to the City of XXXX XXXX in 30 years ago XXXX XXXX XXXX was much better. We don't want to lose this initiative in our community, and have it gone someplace else Owned by the decedent by ancestor, inherited privately owned property, building which did belong to the City of XXXX XXXX structure on privately owned property XXXX XXXX Children. Heirs of proper and the missing money all money and seven Lots, three Houses property in the estate. Probate deed was recorded property owners, estate will property inventory of all of decedent 's probate property. including real property, stocks, bonds, business interests, among other assets, was taken theirs and proving their right to an inheritance rights protected by Article 1, Section 3, 4, and 5 of the Florida Constitution ), s. In some estates. Adjacent property the tax certificate along with interest and costs. ( Fla. Stat. 197.472 ). Private Property Rights and detailed in the body of recorded legal documents placed document recorded the Legal ownership of a property and the rights that come with it. PROPERTY LOCATION : XXXX XXXX XXXX XXXX XXXX, property Related Last Testament Will and Testaments Rights, records showed, that the land Heir property ownership of the property as follows : Lot XXXX, XXXX XXXX lot XXXX, lot XXXX, XXXX, someone build house on our land lot XXXX, XXXX, XXXX, XXXX XXXX XXXX, Fla. Home three Houses Address was XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX , and XXXX XXXX XXXX. XXXX Deed related to presence of a will, ownership of the property sought to protect the Constitution prohibit governmental deprivations of life, liberty, or property, without due process of law. the 14th Amendment due process clause. legal title Complaint, homestead XXXX XXXX XXXX all of XXXX XXXX, XXXX XXXX, involving inheritance, ownership of real property. one must start with the Fifth Amendments Due Process Clause ; Inventory of Estate may be filed with the Court. through the formal process of probate, adverse possession claims of Everything the decedent legal owner of the property owned outright on. XXXX XXXX ARTICLE 4.9 building codes, property line Preserving trees, off sets property line branches overhang or roots. Mortgage Wire Fraud, and their business phones call and repeadly harass people. was attempted on our property XXXX XXXX legal owner records lot XXXX and the City of XXXX XXXX hire criminal past unknown false attempt to foreclose on my House since an illegal commencement on out property lot XXXX, Since that happened I am constantly getting harassing calls and a fraud attempt on my homestead property lot XXXX. We own the property, but I had to claim it in action. false land deed, unauthorized taking or use of another person 's property. Needed to regard Heirs of the property and to clear land, all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the XXXX wherein they reside. No XXXX shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States ; nor shall any State deprive any person of life, liberty, or property, without due process of law ; nor deny to any person within its jurisdiction the equal protection of the laws. Second generation I feel like they are coming after us. Endanger Life buildings Unpermitted houses without license for the XXXX Community. They stole all the property and money. Now they want whats left. Recently all the trees were dug up out of my Yard, and our lot next to me. Done improperly, no building permits were pulled Our property is listed like Guinee pigs under unlimited Construction XXXX XXXX XXXX XXXX XXXX at the appraisal office and recorded XX/XX/XXXX under name. it exposes us to criminals for Property Crimes and people who uses the criminal investors XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX whose address is XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX FL XXXX, Properties Auctioned laws are acquired, lots, acreage, rural lots, and more on XXXX. XXXX XXXX XXXX connected by the City of XXXX XXXX. Our property the City of XXXX XXXX is Residential Real Estate for sale stealing in a since Find XXXX XXXX, FL land for sale, detailed real estate connected to them for the Homes they are building for profit. XXXX XXXX XXXX XXXX is Connected XXXX XXXX of XXXX XXXX XXXX XXXX LLC. Their illegal construction crew activity, whos some of their crew and are my Neighbors in XXXX XXXX XXXX. Criminal and crack XXXX history affiliated. Construction Called XXXX  XXXX XXXX XXXX XXXX has been set up XX/XX/XXXX. I have received harassing phone calls. Unknown XXXX XXXX Foreclosure attempt. fraud foreclosure attempt. A person with an extensive criminal background. in state FL. The current status of the business is Active. The NO LIMITS HOME XXXX XXXX principal address is XXXX XXXX XXXX, XXXX XXXX, XXXX to XXXX XXXX XXXX, XXXX XXXX XXXX FL XXXX XXXX. The company`s registered agent is XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX FL, XXXX. The company`s management are XXXX - XXXX XXXX XXXX XXXX Preparing to be building No with surveys and or permits remove and cut down the trees off our property. Without permits or a surveyor to mark out the lines property boundaries. property boundaries XXXX XXXX lot sizes. start building, required distance in which a construction crew building must be away from the property line. and removed trees out of a building area. The authorities usually have a required distance in which a building must be away from the property line. Setbacks are XXXX XXXX administered amount of space that must be undeveloped between a property line setback from XXXX feet to XXXX ; Zoning on the property is Multifamily Residential-12 ( MFR-12 ) and the future land use is Level XXXX Residential ... Building illegal houses deviations Dimensional Standards ) XXXX x XXXX lot. Zoning property and yard are property line, ( within 1 or 2 ft. ) XXXX XXXX property for building code XXXX x XXXX feet. XXXX x XXXX required and is already removing illegal tress from out estate. investors, variability is volatility, and volatility is a measure of risk. Fraud Schemes, attempting to claim my property of which I am the homeowners and victim of Equifax XXXX XXXX, Identity Theft and credit card fraud. I deny owing a Mortgage, I am the owner of property XXXX XXXX XXXX and I dispute any note and or Forced mortgage. it was not the legal agreement. I paid the contractor the amounts agreed. I am owed approximately over {$200.00} in loss damaged and property in this claim to repair improperly constructed home. In Claimed by Plaintiff. Forced mortgage agreement. I am objecting to how process was carried out by the plaintiff. lawsuit filed by the plaintiff. Answers as Follows : scam in which a hacker. Conspiracy using old account information to create new ones by wire fraud to hack into the Court record section and files. poses as Wire Transfer Fraud Mortgage wire fraud through wire mortgage fraud through the internet. scammer has filed a XX/XX/XXXX phishing scam impersonate an Unknown manipulate wire transfers creating something that looks like a Mortgage. I call it, wire fraud attempted to add their name to my property tax. Also filed an illegal tax deed owner property XXXX. This year on XX/XX/XXXX, an Unknown person tried to foreclose on my property. I never signed a Mortgage that I am the owner of and XXXX XXXX XXXX. Claiming Transfer Mortgage. My home was 3 bedrooms was built on an illegal XXXX XXXX lot. In the XXXX XXXX subdivision. Contractor received {$25000.00}. XXXX last payment back in {$2000.00}. I have the receipts. Illegal Foreclosure is a legal process. Legally The city Of XXXX XXXX real Estate use criminals to build without Licenses under the radar of regulations. These houses under sub code. value of the structure and overtaxed. Because the Blueprints say on my property that it is a single story but is two-story family dwelling. Building for XXXX XXXX : XXXX XXXX XXXX Zoning Districts. XXXX XXXX XXXX sf XXXX XXXX XXXX XXXX. Determine the degree to which the alteration as if XXXX XXXX XXXX Districts. Latest version. A. a Higher degree. But I am missing More Advertise them on the internet through XXXX by the development department of XXXX XXXX. I am being taxed for what my house is supposed to be but not on the actual structure. We should not be threatened because we have property and it should not steal by the city criminals activity. In XXXX Name. XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Florida XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Florida XXXX","date_sent_to_company":"2020-12-29T17:14:12.000Z","issue":"Attempts to collect debt not owed","sub_product":"Mortgage debt","zip_code":"32114","tags":"Older American","has_narrative":true,"complaint_id":"4036498","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRUIST FINANCIAL CORPORATION","date_received":"2020-12-29T17:14:09.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Debt was result of identity theft"},"highlight":{"complaint_what_happened":["I am objecting to how process was carried out by the plaintiff. <em>lawsuit</em> filed by the plaintiff. 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