Consumer complaint received 2023-07-17
Company: Law Office of Michael J. Scott, PC
State: TX
Product: Debt collection
Sub-product: I do not know
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you without properly notifying you of lawsuit

Complaint:
This week I began receiving advertisements from attorneys in the mail. I never receive anything like that so I opened one of the letters from the attorneys seeking my business and found that XXXX XXXX XXXX XXXX was suing me and it listed a case number for XXXX. This baffled me because why would strangers know I have a case and I wasnt even made aware I had a debt let alone a case!!??? 

I went onto the XXXX XXXX website and looked up the case number and there is a case filed from XXXX XXXX XXXX XXXX XXXX XXXX. ( Which I have included a copy of in this complaint ). 

Then I went to my folder called INFORMED DELIVERY FROM USPS- this is a service that the UNITED STATES POSTAL SERVICE provides to residents. With INFORMED DELIVERY each piece of mail that you will receive that day is scanned and an email is sent to you every morning letting you know what will be in your mailbox for that day. I am a very thorough person and I ALWAYS keep records for a few years because of any mishaps. I also dont throw my mail away! I file my mail away and after 3 years or so I bag it up and take it to shred day here in Texas. With that being said I looked back in my informed delivery over the past year and saw that I HAVE NEVER EVER received any correspondence from XXXX XXXX XXXX XXXX. 
Even I know it is against the Fair Debt Collection Practices Act and the Fair Credit Reporting Act to skip over steps in the process of debt collecting. I never received any type of communication from XXXX XXXX XXXX XXXX nor its affiliates. I know I dont owe this company any money because I HAVE NEVER DONE BUSINESS WITH THIS COMPANY NOR HAVE A CONTRACT OR ANY TYPE OF AGREEMENT WITH THIS COMPANY! They have never provided me a service just like they never provided me a collection notice! I have no idea what they are collecting! 
Be that as it may at XXXX XXXX I called XXXX XXXX XXXX XXXX at XXXX and spoke to a very, I means extremely rude representative. She asked me for my file number and I told her that I did not have a file number because I have never received anything in the mail so Im unable to provide her with a file number. I told her I have a case number or I can provide her my name and phone number. She said that she could not look me up by my name or address or case number and that I will need to provide her my social security number. I immediately told her Im not giving her my social security number because I dont know her. She then became rude, wouldnt allow me to speak and was telling me that I had to listen to her and that either I can give her my social security number or I can call the people the case is filed with - meaning the courts. I told her again I was not giving her my social then I asked her if she would give me her social and she hung up in my face. At XXXX XXXX I called back and got a man this time and he also wanted my social security number. I told him I was not giving him my social and how can you file a case against me if you dont have any of the proper information? How do you know if you even have the correct XXXX XXXX? The man then said he cant help me without my social security number if I have no file number and that I can call their XXXX Collections Department and maybe they can help me. I asked for their number and he gave me XXXX. 
I then call the XXXX Collections Department at XXXX XXXX XXXX XXXX and spoke with a representative there by the name of XXXX XXXX. I advised Miss XXXX that I have been receiving letters from Attorneys wanting to take a case that has been filed against me with this company but I have no idea what the case is about or who your company is. I said the only reason I found out was from advertisements from attorneys. I also made Miss XXXX aware that XXXX XXXX XXXX XXXX has never communicated with me at all and that is illegal. Miss XXXX asked me for my file number and I informed her that I did not have one because I never received anything from this company but I do have a case number I can provide her. I then provided her with the case number listed with XXXX XXXX XXXX as XXXX. Miss XXXX said she could not find anything with that case number for a XXXX XXXX. She then asked my address and I told her XXXX XXXX XXXX, XXXX, TX XXXX. Miss XXXX again said she could not fined me in the system and she asked me for my social security number and I told her I was not providing my social security number. Miss XXXX basically told me she could not assist me. Both of these 2 phones calls were recorded according to the script given to me by the representatives and if hiring an attorney is necessary I will have him/her request those recorded phone conversations for court purposes. Miss XXXX and I ended our conversation. 
At XXXX I then called XXXX XXXX XXXX of Courts at XXXX and spoke with the clerk of courts there. When I provided her with my case number of XXXX she said yes there is a Debt Claim here from XXXX XXXX XXXX XXXX and she provide me the amount this company is trying to sue me for. I then asked the clerk when the court date is and she told me there is no court date as of yet. She said this company has hired a 3rd party to serve me. The clerk then asked if I have been served and I advised her that I have not been served this is all new to me. The county clerk then advised me that I have to be properly served before a court date can be set. I thanked the clerk and ended the phone call. 

then decided to do some research on this company XXXX XXXX XXXX XXXX and found that this company buys peoples debts for XXXX cents on the dollar and then sues people for a debt they decided to purchase. In doing this practice the President of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX made {$880000.00} in salary and bonus for the year! 

Upon further research I have learned that this is the process for XXXX XXXX XXXX XXXX. They do not send out letters to the alleged debtors informing them that they owe a debt and in doing that they dont allow the person they claim has a debt the opportunity to respond and say hey I need to validate this debt please send me proof of validation. Instead XXXX XXXX XXXX XXXX goes straight to filing a court case against a person of whom debt they purchased with the hopes of the defendant not showing up in court so that XXXX XXXX XXXX XXXX automatically gets a default judgment. NOW THAT IS NOT ONLY ETHICALLY WRONG - ITS AGAINST THE LAW AND CONSTITUTES A LEVEL OF FRAUD AGAINST THE ACCUSED. 
This is what XXXX XXXX XXXX XXXX does : Most of the time, when someone is sued by XXXX XXXX XXXX XXXX that person fails to defend the case or show up in court. 
With no opposition to the lawsuit, the judge grants a judgment in XXXX favor. Once that judgment is issued, XXXX can collect through wage garnishment, bank account levy, and other tactics. 

XXXX XXXX XXXX XXXX has been sued and had to pay out multiple multimillion dollar settlements for their illegal practices and here is the list so far : XXXX. XXXX when the Consumer Financial Protection Bureau ( CFPB ) sued XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, and XXXX XXXX XXXX XXXX for running afoul of debt collection laws. The companies agreed to pay a combined {$79.00} XXXX for violating the Fair Debt Collection Practices Act and the Consumer Financial Protection Act by suing consumers without proper documentation, attempting to collect on debts that were too old, and failing to provide consumers with legally required disclosures. 

WHICH XXXX XXXX XXXX XXXX Has now done to me! I have received nothing from them at all! I had to receive letters from attorneys and XXXX XXXX XXXX XXXX has my correct address! 

XXXX. Also in XXXX this same company the company was sued by 42 states and the District of Columbia for engaging in illegal debt collection practices, such as filing lawsuits without proper documentation and attempting to collect on debts that were too old. XXXX paid a {$6.00} XXXX settlement to resolve that lawsuit. 
XXXX. In XXXX, the company paid {$12.00} XXXX to resolve allegations made by the XXXX of Massachusetts that it had engaged in deceptive and unfair debt collection practices, such as filing lawsuits against consumers without proper documentation, collecting on time-barred debts, and harassing consumers with excessive phone calls. 
These actions are in addition to the hundreds of lawsuits filed by individuals against XXXX and XXXX for violating their rights under the Fair Debt Collection Practices Act, Fair Credit Reporting Act, and various state consumer protection laws. 

So with all of this I am here to state the following to XXXX XXXX XXXX XXXX through THE CONSUMER FINANCIAL PROTECTION XXXX : XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX This letter is regarding XXXX XXXX XXXX XXXX XXXX Case Number : XXXX and Im providing the court case number due to the fact that this company never sent me anything in the mail or any form of communication so all I have is a case number, which you claim I owe {$4800.00}. This is my formal notice that your claim is disputed. I am requesting validation, made pursuant to the Fair Debt Collection Practices Act and the Fair Credit Reporting Act, along with the corresponding local state laws. Please note that I am requesting validation ; that is competent evidence bearing my signature, showing that I have ( or ever had ) some contractual obligation to pay XXXX XXXX XXXX XXXX. As per FTC opinion letter from Attorney XXXX XXXX XXXX, you should be aware that a printout of a bill or itemized document does not constitute validation or verification. PLEASE NOTE : I ALSO HAVE XXXX POLICE REPORTS ON FILE WITH ALL XXXX CREDIT BREAUS SHOWNG MY IDENTITY WAS STOLEN BOTH IN XXXX AND IN XXXX WHEN MY PURSE WAS STOLEN. SO WHAT YOU ARE DOING AND ACCUSING ME OF IS FRAUDULENT!!! I HAVE ALL MY DUCKS IN A ROW AND IM FULLY PREPARED TO FIGHT THIS HEAD ON AND THEN SUE YOU AFTERWARDS. Please also be aware that any negative mark found on my credit reports ( including XXXX, XXXX, and XXXX ) from your company or any company that you represent, for a debt that I dont owe to your company, is in violation of the FCRA & FDCPA. Pending the outcome of my investigation, of any evidence that you submit, you are instructed to take no action that could be detrimental to any of my credit reports. Failure to respond within 30 days of receipt with ALL of the requested information will result in small claims legal action against your company at my local venue. I would be seeking a minimum of {$1000.00} in damages per violation for : Defamation Negligent Enablement of Identity Fraud Violation of the Fair Debt Collection Practices Act ( including but not limited to Section 807-8 ) Violation of the Fair Credit Reporting Act ( including but not limited to Section 623-b ) Please Note : this notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status. It would be advisable that you and your client assure that your records are in order before I am forced to take legal action. CREDITOR/DEBT COLLECTOR DECLARATION Please provide the following : XXXX. Agreement with your client that grants you the authority to collect on this alleged debt. XXXX. Agreement that bears my signature of the alleged debtor wherein he/she agreed to pay the creditor and if not paid that I then had to pay XXXX XXXX XXXX XXXX XXXX XXXX Any insurance claims that have been made by any creditor regarding this account. XXXX. Name and address of alleged creditor. XXXX. Name on file of alleged debtor. XXXX. Alleged account number. XXXX. Amount of alleged debt. XXXX. Date this alleged debt became payable. XXXX. Date of original charge off, write off or delinquency. XXXX. Verification that this debt was assigned or sold to XXXX XXXX XXXX XXXX. XXXX. Complete accounting of alleged debt. XXXX. Commissions for debt collector of collection efforts that is successful. Please provide the name and address of the bonding agent for XXXX XXXX XXXX XXXX in case legal action becomes necessary. Your claim can not and WILL NOT be considered if any portion of the above is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please allow 30 days for processing after I receive all of the requested information back from XXXX XXXX XXXX XXXX. I have included copies of my INFORMED DELIVERY FROM USPS SHOWING I SEE MY MAIL BEFORE IT IS PLACED IN MY MAILBOX DAILY AS WELL AS COPY OF THE COURT FILING. P.S. Please be aware that dependent upon your response, I may be detailing any potential issues with your company via online public press release, including documentation of any potential small claims action. I am also including a copy of my complaint to the organizations below : Best Regards, XXXX XXXX XXXX : Consumer Financial Protection Bureau Cc : Texas Attorney Generals Office Cc : XXXX XXXX XXXX

Company response to consumer: Closed with explanation