Consumer complaint received 2018-11-15
Company: FIRST AMERICAN FINANCIAL CORPORATION
State: PA
Product: Debt collection
Sub-product: Other debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Collected or attempted to collect exempt funds

Complaint:
There is currently a judgment in favor of XXXX XXXX XXXX XXXX XXXX   recorded in the XXXX County Court of Common Pleas at GD XXXX. This was as a result of issues related to a business I owned that was forced to close in XXXX as a result of conduct related to the former owner of the company. The amount claimed was negotiated to {$150000.00} during bankruptcy proceedings approximately 4 years ago. 

The attorneys for XXXX XXXXn filed Writs of Execution on XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. The first 3 were filed against accounts we maintain with XXXX XXXX  in which no funds were withheld due to the fact that all deposits are recurring electronic deposits and therefore protected. The last filing on XX/XX/XXXX, was filed against accounts we maintain with XXXX XXXX, in which recurring electronic deposits from personal wages are maintained. While there was a certificate of service signed by the attorney for XXXX , XXXX XXXX XXXX, we actually only received a copy of the first Writ filed in XXXX, XXXX. 

Pursuant to the Writ delivered to XXXX XXXX, a copy of which is enclosed, Pennsylvania law provides for a debtors exemption of {$300.00}. Additionally, major exemptions under the law included most wages, the exception being for taxes, child support, and rent. While the balance in our XXXX XXXX XXXX  was {$230.00}, less than the allowed exemption, XXXX XXXX deducted {$130.00} for the Writ of Execution on XX/XX/XXXX. Further, my paycheck from earned wages was electronically deposited into my checking account on XX/XX/XXXX ; even though XXXX XXXX did not freeze the accounts at the time the Writ was received, they deducted the exact amount of my paycheck for the Writ of Execution on XX/XX/XXXX. XXXX actions are contrary to the protections provided us under Pennsylvania as it is clear that these are funds from wages earned, no different than the electronic deposits received over the past several years. 

We did speak with a couple of representatives from XXXX XXXX who indicated that we needed to contact the law firm of XXXX , XXXX XXXX XXXX with regard to the withdrawals from our account. 

Ive also enclosed copies of communications between us and the law firm attempting to settle the debt ; while these negotiations were occurring, the Writs were nevertheless simultaneously filed. 

Lastly, I do believe that my non-public personal information was inappropriately disclosed to third parties by XXXX XXXX. The existence of the XXXX XXXX accounts was disclosed to the attorneys for the plaintiff during bankruptcy proceedings ; the account with XXXX XXXX was opened after the filing of the first Writ of Execution and that information was not provided to the attorney. The only means to which that information was discovered was through the inappropriate disclosure of our personal information. 

The continual fruitless filings of Writs of Executions are harassing in nature, particularly while were making a good faith effort to settle the claim. XXXX XXXX actions are clearly illegal, although they maintain theyre following the instructions of XXXX, XXXX XXXX XXXX. 
At this time, we are requesting that the CFPB exercise its powers and take action against XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, and XXXX, XXXX XXXX XXXX, all of whom have engaged in unfair, deceptive and abusive acts and practices in these matters. 
I am available to provide any additional information, verbal or written, at your convenience.

Company response to consumer: Closed with explanation