Consumer complaint received 2018-08-20
Company: The Law Offices of Kenosian & Miele, LLP
State: CA
Product: Debt collection
Sub-product: Payday loan debt
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
In XX/XX/XXXX I borrowed money from XXXX XXXX. In XX/XX/XXXX, it was charged off to XXXX XXXX, not Kenosian & Miele , However Kenosian & Miele claim to represent XXXX XXXX in the XX/XX/XXXX court docs I acquired in XX/XX/XXXX. In XX/XX/XXXX I was supposedly, served papers on a Saturday. I revived free legal counseling from an attorney, who is curentley now retired, when i sent an email of my court docs to her in XX/XX/XXXX to XX/XX/XXXX. This is the conversation that took place. 

" Hello XXXX, I have attached a pdf of the court docs you requested, however there were no documents in the court system for document, '' Case Disposed with Disposition of Judgement uncontested. '' It showed, '' No Doc ''. 


Thanks, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX XXXX ( XXXX ) XXXX Hi XXXX- I've had a chance to look at the documents again and the only issue I see is a factual one. That is whether XXXX XXXX did or did not come and hand deliver to you the small Claims paper on XX/XX/XXXX at XXXX. That's a Saturday night. 
Do you have some way of proving you were not at home at that time and date or sound asleep? Its a long time ago. 
Maybe you have a calendar or diary to remind you what you were doing, or you worked night shift and were working or otherwise a long standing routine. 
See the proof of service attached. 
This XXXX XXXX has continued in the business and probably can be reached through the email address below. 

I suppose you could email her a copy of the attached proof of service and ask her if that's her signature. Its hard to think a woman ( who would have then been in her late XXXX ) would come so late at night to XXXX XXXX to serve a stranger with legal papers. 
The only real technical defect I see is that the process serving company that hired her, XXXX XXXX XXXX, XXXX does not state its own company process server 's registration number on this paperwork, as required by law, and when I go to their website XXXX, I do not see any where that they have put a registration number anywhere, and perhaps don't have one like they should. The company is supposed to be the supervisor of the independent contractor XXXX XXXX and make sure she obeys the law. 

You could call the company XXXX and ask them if they have a process serving registration number and what it is. Be sure to make a note of the date and time of your communications with these people and the substance of the conversation. It doesn 't hurt if they refuse to tell you anything. Just make a note of it. " So I did what she suggested, I called XXXX XXXX XXXX  XXXX, XXXX 's ( XXXX ) -XXXX, but it's a fax number. I emailed XXXX XXXX in XX/XX/XXXX. 

" Hello XXXX, My name is XXXX XXXX, and I was wondering if you can confirm for me that on or around XX/XX/XXXX at XXXX XXXX, on a Saturday XXXX, you hand delivered to me a small Claims paper regarding XXXX XXXX? Just trying to confirm. 


Thanks, XXXX XXXX XXXX ( XXXX ) XXXX She never replied! So, 8 months latter, i emailed her again. 

XXXX XXXX, My name is XXXX XXXX. In XX/XX/XXXX, I sent you an email with a Proof of Service from XX/XX/XXXX, attached. I would like for you to confirm that this is your signature on this Proof of Service? 

Thanks, XXXX XXXX XXXX ( XXXX ) XXXX I was never served any court papers regarding this judgement! The ONLY papers I received were AFTER the default judgement was granted, only because I didn't show up to court to defend myself, because I didn't know about it. A garnishment didn't start from Kenosian & Miele until XX/XX/XXXX to XX/XX/XXXX over {$900.00} was taken and then a bank levy of over {$1100.00} in XX/XX/XXXX and another bank levy in XX/XX/XXXX of or around {$200.00}. Now, let me say that it has been 8 YEARS, since this debt was owed! WAAAY past the statue of limitations in California of 4 years ( written agreement ), and 2 years ( verbal agreement ). By the way, I complained about XXXX XXXX  already, to the CFPB, who sent me a letter stating that they have nothing to do with this levy? OK?, so where is the money going if there name is on the lawsuit letter that i receive after the levy has taken place? 

Thanks, XXXX XXXX XXXX XXXX XXXX XXXX XXXX. 
XXXX XXXX, CA XXXX XXXX XXXX

Company response to consumer: Closed with explanation