Consumer complaint received 2019-11-09
Company: The Law Offices of Kenosian & Miele, LLP
State: CA
Product: Debt collection
Sub-product: I do not know
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
I recently received a court order against me that has placed a hold on my XXXX Account. XXXX XXXX XXXX, Bar # XXXX, and his law firm, Law Offices of Kenosian & Miele , LLP sought a money judgment against me on behalf of the Plaintiff, XXXX XXXX XXXX. The case number at issue is XXXX. 

The original judgment was entered on XX/XX/XXXX. XXXX XXXX XXXX, and his law firm, LAW OFFICES OF KENOSIAN & MIELE, LLP, renewed the judgment on XX/XX/XXXX. Mr. XXXX and his firm now have renewed the writ of execution on XX/XX/XXXX. They placed a levy on my XXXX XXXX bank account on XX/XX/XXXX. I previously notified Mr. XXXX and his firm orally and in writing that I am not the individual that is being sought and his firm previously confirmed this. The firm dropped collection efforts against me and I was assured that this would be the end of it. XXXX XXXX XXXX, Bar # XXXX, and his law firm, Law Offices of Kenosian & Miele, LLPs actions now constitute harassment. 

In XXXX XXXX, the firm issued a letter to me explaining that the firm was pursuing a civil suit against me on behalf of XXXX XXXX XXXX. I called the firm on XX/XX/XXXX, and explained that this is the second time I had received paperwork regarding this civil judgment. I gave them information about the previous collection attempt and verified my information and employment as a criminal investigator for the XXXX County District Attorneys Office. I was assured by the LAW OFFICES OF KENOSIAN & MIELE , LLP that I could disregard the letter and my information would be recorded on the file. The firm warranted that the previous collections nightmare I went through would not occur again. ( A different law firm, XXXX XXXX XXXX  XXXX XXXX XXXX, had attempted to collect a money judgment for XXXX XXXX XXXX in XXXX under the same case number. Eventually, they rectified the situation and issued a lien release when the firm confirmed that this was not the XXXX XXXX in question. XXXX XXXX XXXX, Bar # XXXX, and his law firm, Law Offices of Kenosian & Miele were given this information repeatedly. 

Mr. XXXX and the law firm did not cease collection action against me. On XX/XX/XXXX, a letter was received at my residence from the office that contained documents that had been filed with the Superior Court , County of XXXX, XXXX, Limited Civil. The paperwork showed a renewal of judgment which had been filed on XX/XX/XXXX, after the firms conversation with me. 

Again, I contacted Mr. XXXX and the law office and received my case number : XXXX. This time I took down the name of the person that I was directed to, as it had been evidenced that the firm would not cease the offensive tactics or remedy the situation. I left XXXX of the LAW OFFICES OF KENOSIAN & MIELE , LLP a voicemail that again explained the improper collection against my identity including my personal information, my employers information and contact information, and the previous collection agencys information. 

The firm ignored my call. When I called again and spoke with XXXX, I gave her my personal information, including my social security number and birthdate. XXXX, told me that she saw my previous call but the person who had entered the information had processed it wrong as to not stop the civil suit from moving forward. XXXX, told me that she was making corrections and to not worry about the Court Documents that I had received. I asked XXXX to provide me with a document that could be mailed to me to show that I was not the individual being sought. XXXX told me that no such document existed or could be created. She forwarded my call to her supervisor, XXXX, who again told me that they could not create or execute any sort of document showing that this debt did not belong to me, despite the fact that they were acknowledging I was not the person being sought. 

I attempted to reach the office, the LAW OFFICES OF KENOSIAN & MIELE , LLP directly. I left a message but never received a callback. I also wrote to the law firm identifying the chain of events and the problem. A levy was never issued on my identity and the collection efforts against me ceased. My concern was that this would happen again and the firm would not do anything to rectify this situation or that they would use the information provided during those calls. 

Now, in XX/XX/XXXX, Mr. XXXX has sought a levy upon my property under a writ of execution and Mr. XXXX has used my social security number. Previously, this debt and this case number was assigned to a XXXX XXXX with a different social security number and a different date of birth. Mr. XXXX has ignored my written and oral requests. Mr. XXXX has caused me great distress and now, financial cost. I have had to pay to retain a lawyer in this matter. 

Mr. XXXX needs to cure the firms violations of Californias Rosenthal Fair Debt Collection Practices Act and provide an effective curative letter detailing how Mr. XXXX has cured the matter. Mr. XXXX should immediately investigate as to whether these violations stem from an isolated incident or the policies and procedures of the law firm. I am providing documentation with this letter that supports the history of this collection process and Mr. XXXX and the legal firms deficiencies and unlawful actions.

Company response to consumer: Closed with explanation