Consumer complaint received 2020-09-29
Company: Malen & Associates, p.c.
State: NY
Product: Debt collection
Sub-product: Credit card debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
On XX/XX/2020 I mailed a notice of acceptance and a negotiable instrument to XXXX XXXX and/or XXXX XXXX of MALEN & ASSOCIATES P.C. by way of Notary Public in reference to an account ending in XXXX. That correspondence included a negotiable instrument along with instructions to settle the accounting of the aforementioned accounting and to send evidence of this to the address provided in the correspondence. This correspondence is sent by way of certified tracking and was received by the aforementioned parties but not replied to as outlined. The respondent ( s ) were given thirty ( 30 ) days to respond to the correspondence and/or settle the accounting. After the thirty days had passed and no response was received a Notice of Non-Response and Opportunity to Cure was sent along with a second negotiable instrument toward the complete satisfaction of the debt outlined in the respondent 's original  presentment. This correspondence was sent on XX/XX/XXXX by way of Notary Public. Respondents were given ten ( 10 ) days to respond as to why they failed to do as required. After confirmed receipt of both correspondences with no response the Notary Public created a  Certificate of Non-Response outlining the dishonor of XXXX XXXX, and/or XXXX XXXX, and MALEN & ASSOCIATES P.C. A Notice of XXXX was then sent by the Notary Public and still no response by any of the respondents. A final Confirmation letter was sent ten ( 10 ) days after receipt of the Notice of Default stating that the Creditor 's interest in the debtor is terminated. The law states that a business letter sent in good faith must be responded to and in a reasonable time or the recipient of that letter is obligated to accept the terms outlined. The respondent ( s ) in this matter are silent in regards to any of the attached correspondences. If the respondents were unable to respond they could have outlined that in a correspondence. The respondents chose not to do so. If a negotiable instrument is presented toward the complete satisfaction of a debt it must be accepted. If it is refused a notice of dishonor must be provided to the sender or the sender 's bank in accordance with the law. There is no evidence of a notice of dishonor being sent in regards to the first or second negotiable instrument ( s ) sent towards the satisfaction of the debt obligation. If a good faith attempt is made to completely satisfy a debt with a negotiable instrument and this act is refused without a notice of dishonor the debt is discharged by law. The balance on the  aforementioned account is XXXX  and the respondents are in violation of the Fair Debt Collection Practices Act. Furthermore, their continued dishonor implicates any who are misled into believing that the agreement established under full commercial liability and witnessed by Notary Public and a high ranking government official who is named in the attached correspondences as well as the United States Postal Service is not binding. This complaint serves to protect all those who may be misled by the respondent. The public registry outlines the complete satisfaction of the debt yet the respondent continues to attempt to collect on it. They are violating the law and must be stopped.

Company response to consumer: Closed with explanation