Consumer complaint received 2019-05-09
Company: Persolve, LLC - Legal - Series 2
State: CA
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
On or about XX/XX/XXXX I filed a Cross Complaint in the Superior Court of XXXX XXXX County under Case No. XXXX against Persolve LLC alleging among other things that I had not been personally served with a Summons and Complaint by Persolve LLC thereby raising a Federal Question issue of jurisdiction and violations of my civil rights pursuant to California Code of Civil Procedure 410.10-418.11. 
On or about XX/XX/XXXX Persolves attorney of record namely XXXX XXXX filed a Notice of Settlement of Entire Case ( Settlement ) in the Superior Court of XXXX XXXX County and I did not sign any agreement under Persolve LLCs proposed settlement terms. The Settlement document filed on XX/XX/XXXX does not show any date of mailing. 
On or about XX/XX/XXXX, I sent an email to the Persolve LLCs attorney of record, XXXX XXXX stating as follows : I just wanted to let you know that I will be in Court tomorrow but I have not received anything from you as we had discussed? I would like to ask if you would stipulate to a transfer of action ( change in venue ) to the XXXX XXXX County court if this case is not settled tomorrow? I am going to file a lawsuit against the County of XXXX XXXX this week and it pertains to the attached documents. I have alleged factually in numerous letters and legal documents filed with the Superior Court of XXXX XXXX County about issues concerning discrimination, bias, prejudice and due process violations. I am filing a legal action against XXXX XXXX County in the coming days. I need you to reply if you will agree to a stipulation for a transfer of action ( change in venue ) to the XXXX XXXX County court by end of day today? 
On or about XX/XX/XXXX, I allege that Persolve LLC made fraud and intentional misrepresentations about an alleged settlement agreement with me in an affidavit filed with the Superior Court of XXXX XXXX County ( XXXX ) made under penalty of perjury that exaggerates the character, amount and/or legal status of an alleged debt in dispute against me in violation of 15 U.S.C. 1692e ( 2 ) ( A ). Persolve LLC obtained a final judgment in their State court action on or  about XX/XX/XXXX. 
I allege that Persolve LLC used several attorneys and Persolve LLC did not file a substitution of attorney pursuant to California Code of Civil Procedure ( CCP ) 285 and I never heard from Persolve LLC primary attorney of record namely XXXX XXXX  after XX/XX/XXXX. 
On or about XX/XX/XXXX I allege that Persolve LLC filed a declaration in the XXXX containing fraud statements stating by stating among other things that On or about XX/XX/XXXX, I and Persolve LLC settled the case. I allege that the Persolve LLC made fraud statements in pursuit of a money judgment ( for more than double the amount allegedly owed ) to collect a disputed debt amount against me in the Superior Court of XXXX XXXX XXXX ( XXXX ) under Case No. XXXX in violation of 15 U.S.C. 1692e ( 10 ) and the UCL. 
On or about XX/XX/XXXX I allege that Persolve LLC obtained a money Judgment in violation of my rights under the UCL and the Fair Debt Collection Practices Act pursuant to 15 U.S.C. 1692f ( 1 ) that prohibits [ t ] he collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.. 
I allege that on or about XX/XX/XXXX Persolve LLC committed a Federal statute violation by obtaining a writ of execution based on fraud and intentionally misrepresented affidavits filed in legal proceedings at the Superior Court of  XXXX XXXX County for an alleged debt that was questionably beyond the four year statute of limitations pursuant to C.C.P. 337. I allege that Persolve LLC history of actions and fraud affidavits violate the FDCPA and UCL. 
I allege that Persolve LLC has proffered fraudulent evidence and used unfair deceptive tactics in violation of the Federal Trade Commission and Fair Debt Collection Practice Act federal statutes to intentionally misrepresent testimony in legal documents filed at the XXXX in Case No. XXXX between XX/XX/XXXXthrough XX/XX/XXXXfor the sole purpose of gaining a credit card debt judgment against me ( I ). I further allege that Persolve LLC actions against me are in violation of the UCL and the Fair Debt Collection Practices Act pursuant to 15 U.S.C. 169e ( 10 ) which states that [ a ] debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. and in any action that can not legally be taken or that is not intended to be taken. 
On or about XX/XX/XXXX, the I discovered that Persolve LLC used a writ of execution to garnish my personal bank account for payment against a money judgment obtained from the Superior Court of XXXX XXXX County in Case No. XXXX on XX/XX/XXXX totaling about {$16000.00} based on fraud and intentional misrepresentation in violation of the UCL and FDCPA. I allege that Persolve LLC fraudulent debt collection activity against me was discovered  within the time limit pursuant to C.C.P. 338 ( d ) and Persolve LLC fraudulent acts caused me significant damages in violation of 15 U.S.C. 1692f ( 1 ), and the UCL.

I allege that Persolve LLC actions have given rise to a Federal Complaint pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq., C.C.P. 338 ( d ) and the California Business and Professions Code 17200 ( UCL ).

Company response to consumer: Closed with explanation