Product: Debt collection

Collection company, RAB Performance Recoveries , LLC ( " RAB '' ), has engaged in bad faith practices in violation of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692 et seq. ) ; and after knowingly withholding requested, material information, continues to attempt to collect upon a debt that ultimately is not owed ; and which is time-barred by the statute of limitations. 

The alleged debt at issue stems from a paid/settled credit card account with XXXX XXXX XXXX XXXX, where RAB is the Assignee of XXXX XXXX XXXX XXXX XXXX erstwhile XXXX Credit Card accounts. 

On XXXX XXXX, XXXX, RAB filed a complaint against me in XXXX in XXXX XXXX XXXX XXXX ( Civil Action Number XXXX ). However, I never was informed of the complaint at the time, nor did I have an opportunity to respond. Documentation recently obtained from the court file -- which RAB intentionally withheld from me by way of RAB 's attorneys -- reveals that they never served me. 

Instead, they served a XXXX male with a description of XXXX and XXXX pounds. I am XXXX and at the time was closer to a weight of XXXX pounds, as evidenced by the attached numerous exhibits and affidavits. Exhs. In addition, they allege to have served me at my apartment ( Apartment XXXX ) ; however, the attached exhibits and affidavits show that Apartment XXXX was an unmarked basement. Exhs. 

On XX/XX/XXXX, I attempted to obtain information about the debt directly from RAB by contacting their attorneys, XXXX XXXX and XXXX ( Exh. ) ; however, in bad faith, RAB 's attorneys refused to provide the information ( Exh. ). Specifically, orally and in writing, I requested : ( 1 ) a copy of the Complaint, ( 2 ) a copy of the Default Judgment, and ( 3 ) a copy of paperwork showing service. Exh. 

However, on XX/XX/XXXX, they only responded with a copy of the Default Judgment, and refused to provide the Complaint or the service paperwork, apparently trying to hide the details of both the alleged debt and of the alleged service from me. Exh. The fact that they provided a fraction of the information evidences their receipt of my request for all the documents that I requested including the service paperwork that they withheld. 

Because it took me an additional five months, until XX/XX/XXXX, to obtain the complaint and service paperwork from XXXX County Magistrate Court due to the COVID-19 pandemic and the courthouse archives being closed, RAB 's refusal to be transparent and efforts to hide information from me has resulted in a significant delay in the timeline of my ability to re-open the default judgment and resolve this matter. 

On XX/XX/XXXX, XXXX County Magistrate Court Presiding Judge XXXX XXXX XXXX has instructed the Court Clerk to schedule a hearing for this matter, upon my motion to vacate the default judgment for lack of personal jurisdiction ( lack of service ). Exh. However, again, because of the COVID-19 pandemic, no hearing has yet been scheduled ; and it may take months to get a hearing.

If not for RAB 's unreasonable withholding of information in XX/XX/XXXX, which delayed my ability to file my motion until XXXX XXXX, the hearing could potentially have been scheduled or have occurred by now. 

Previously, before obtaining the alleged service paperwork, I attempted to settle this debt, despite not owing it, as a means to simply resolve this matter. However, RAB refused to entertain a settlement offer for anything less than what they allege is due.

It is not clear to me why RAB would choose to spend dozens of hours and potentially thousands in attorney fees on such a small amount of money, especially when I have offered to settle. Now, eventually, when I get my hearing, it is likely that the default judgment will be reversed because of lack of service, which means all that time and money will have potentially been spent for nothing except job creation in the legal industry. 

It is unfair for RAB to obtain judgments against people without their knowledge. It is further unfair for RAB to withhold information from people who seek to obtain information about the alleged debt and about any alleged service regarding complaints concerning the alleged debt. It is further unfair, after not serving people and refusing to provide documents that show the lack of service, to continue to try to collect upon an alleged debt ; and therein to file offensive documents in court suggesting that half a foot in height and sixty pounds in weight are " paltry differences. '' Once the default judgment is reversed and the lack of service is noted by the court, then RAB 's collection efforts will be revealed to have been time-barred, illegal collection efforts in violation of the relevant state statute of limitations and the FDCPA under federal law. 

Attached Exhibits : ( 1 ) XX/XX/XXXX request to RAB for documents ( 2 ) XX/XX/XXXX RAB letter omitting requested documents ( 3 ) Affidavit of XXXX XXXX ( 4 ) Affidavit of XXXX XXXX XXXX ( 5 ) Order to Set Hearing on Motion to Vacate Judgment ( 6 ) Motion to Vacate Judgment ( 7 ) RAB 's Reply to Motion to Vacate Judgment ( 8 ) My Reply to RAB 's Reply to Motion to Vacate Judgment