Consumer complaint received 2019-09-17
Company: CAVALRY INVESTMENTS, LLC
State: NY
Product: Debt collection
Sub-product: I do not know
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Today, XX/XX/XXXX, an individual from the XXXX XXXX Sheriffs Department delivered a writ of garnishment to my employer. The writ was endorsed by the Superior Court of the State of California, XXXX XXXX County. The attorney of record on the writ is XXXX XXXX XXXX ( XXXX ) and the plaintiff/petitioner on the writ is Cavalry SPV I , LLC ( Cavalry ) as an assignee of XXXX XXXX. ( XXXX ). 

The writ of garnishment contains a mistaken identity. While it is addressed to my employer, the defendant ( who has the same first and last name as me ), has a different middle name, address, and social security number. I do not currently live in the same state as the defendant. I believe the mistaken identity originates from the fact that the defendants address is in the same zip code as my employers headquarters, despite the fact that I work in a separate office, in a separate state. 

I immediately contacted the sheriffs department and an individual there represented that he had no ability to change the writ, the sheriffs department merely serves the writ. 

I then contacted XXXX. The first operator I spoke with forwarded me to an unattended phone line. The second operator I spoke with forwarded me to one of the firms attorneys XXXX XXXX. Mr. XXXX asked for my address and the last four digits of my social security number. He confirmed that the defendant does not appear to be me and said he would draft a release letter to send to the sheriffs department. I requested a copy of the release letter as well. He requested my email address and said he would send me a copy of the release letter in the next 15 minutes. I did not receive any emails from Mr. XXXX today. I tried four additional times to reach Mr. XXXX and left two messages. 

My haste in filing a complaint is an attempt to force XXXX or Cavalry to submit a release of claims within the 10 day window in which my employer is required to respond. 

I believe XXXX misidentification, identifying me as the defendant, is a material violation of my rights and privacy. Further, XXXX caused significant embarrassment to me by matter of a sheriff appearing at my employers headquarters and making the false identification public to my coworkers. 

My complaint will be satisfied when XXXX ( and/or Cavalry ) : 1 ) prepares a release of claims letter that is sent to me, my employer, the XXXX XXXX County Superior Court and the XXXX XXXX County Sheriffs office ; 2 ) each entity confirms receipt of the release letter, 3 ) XXXX submits to me an apology letter, and 4 ) XXXX posts a new policy on its public-facing website stating the appropriate procedure an individual may follow when it believes it is subject to misidentification and, in that policy, XXXX commits to addressing every complaint alleging misidentification. 

I am lucky that I was able to catch the misidentified writ of garnishment before my employer deducted wages. Other individuals may not be so lucky.

Company response to consumer: Closed with explanation