Consumer complaint received 2018-03-21
Company: MMMM Holdings, LLC
State: IA
Product: Debt collection
Sub-product: Payday loan debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
I wrote a check to a payday loan company. i was supposed to pick it up and pay on the XXXX of XX/XX/XXXX. I was called for work and went out of town. i called so they could deposit the check. I thought the check had went threw till they called me and asked why did i stop the check. i called XXXX XXXX to see what happened and was informed they had put a hold on the payment. By the time i found out the funds was no longer available. I made arrangements to get money and asked could i pay when i got back. Before i could make it back they had turned it over to collections. XX/XX/XXXX a home care provider from downstairs text me to let me know the worker on the shift before her had recieved a certified mail of mines from the server. I got his name and number and texted him on XX/XX/XXXX to pick it up. I also called XXXX XXXX XXXX and informed them of what happened. i also had the worker call the server and she asked him to come and pick it up. He never did and XXXX XXXX XXXX just keep ssying the service was good. On XX/XX/XXXX He filed affidavit of service stating he gave the notice to my roommate. I had taked to him on XX/XX/XXXX and told him i never recieved the notice and that i was out of town and that wasnt even my address. On XX/XX/XXXX I filed my answer to the cliam by efile stating i was never served the notice. On XX/XX/XXXX the judege set a non jury trail for XX/XX/XXXX at XXXX XXXX. On the date i was working a hour away and at XXXX or so i called the attorney to ask to move the date and i also called the clerk of courts. The both disagreed. XX/XX/XXXX my check was garnished for XXXX i didnt find out till that weekend when i was home cause i didnt and as of XX/XX/XXXX bever revieved the notice that i was to be garnished. i efiled for a hearing and after looking into found out she only had 90 days to serve me the original notice i have yet to receive i also asked for the case to be dismissed. Court was set for XX/XX/XXXX at XXXX. I had my phone records to show the time i had called the server and XXXX XXXX and to also my location. i had texts ti show i asked the server to pick the notice back up. The judge just kept saying he didnt have jurisdiction and my time was up and when i asked for a copy ot the transcripts he said he was continuing the case for a week so i could get all my paper work. When asked how was i served the notice of garnishment the attorney said it was only marked other. Which is untrue. i went over to XXXX count which is in XXXX to thr court house and got the file from when XXXX XXXX filed there. i found out on XX/XX/XXXX the case was opened and on XX/XX/XXXX XXXX filed for a dismissal and it was dismissed that day. I also found out from the file on XX/XX/XXXX XXXX filed in her compliant that the check was sold and transferred to XXXX XXXX XXXX had acquired all rights of XXXX. The same month the case was closed she opened it again in iowa under XXXX XXXX i called MM after my hearing and see the complaint notice in Nebraska and was told they no longer had my file. I also XXXX XXXX XXXX and found out she only a member of the Nebraska State Bar and Not Iowa. So i believe she is only licensed to practice in Nebraska. On XX/XX/XXXX I got a efile aleart of a rescinded notice and seen she had replaced the original Garnishment and interrogators with a new date to show when i was served a notice i have tet to recieve. i got a copy and placed it over the old copy and called XXXX XXXX to ask why only the dates and the word Amended had changed. Just to have the file a New notice after they whited out her name and had her sign the notice. I feel like she is trying to take advantage of the fact i dont have a attorney this has been a nightmare.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation