Consumer complaint received 2018-07-05
Company: Michael & Associates, PC
State: CA
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you without properly notifying you of lawsuit

Complaint:
I am being sued by The Law Offices of Michael and Associates, PC on behalf of their client XXXX XXXX. Our last agreement was that I would pay XXXX a month, which was deducted out of my checking account. In XX/XX/XXXX their representative XXXX XXXX notified me that XXXX XXXX would no longer accept XXXX a month and that a court date of XX/XX/XXXX Case No. XXXX at XXXX  had been set. I went the day before to make sure I new where I was going and that I would be on time. The department on the notice didn't exist, so while at the court house I called and spoke to XXXX XXXX and after much discussion he told me " it was not on the docket '' and had been vacated. I sent an email which I will attach that said Thank you and that I would wait to hear from him either by mail or phone for the next court date so that I could attend. Apparently The Law Offices of Michael and Associates went to court XX/XX/XXXX and received a court order against me for XXXX. I only found out about this because Monday XX/XX/XXXX I went to use my ATM card and all my funds had been put on hold due to the court order. I WAS NEVER NOTIFIED OF A XX/XX/XXXX COURT DATE. I still CAN NOT access my money. I have two daughter ages XXXX  and XXXX and I was not able to feed them. We were at the store checking out, when I was informed my money was on hold. I have since spoken with XXXX from Michael and Associates and he said their client XXXX XXXX will not accept XXXX a month, they wanted XXXX. We live paycheck to paycheck. My husband was out of work for a year and a half back in XX/XX/XXXX. We withdrew XXXX from my 401K to make the first XXXX   payment to XXXX. We had to sell our home after living on our 401K for the year and then had to pay XXXX in penalties and taxes. I would like to see in writing the proof of delivery for the court date in XX/XX/XXXX. If I had known about it, I would have been there. I have never disputed this is my debt, and was always willing to pay the XXXX a month. I was told last year from XXXX XXXX that his client XXXX XXXX could no longer accept payment from me. I have not seen a court order, I would like to see in writing where XXXX XXXX said it would no longer accept XXXX a month, I feel that the Law Offices of Michael and Associates have acted illegally and have been deceitful. No matter how much I have begged, pleaded and cried there has been no consideration of the circumstances. My hands are now tied. I can't pay XXXX or any other bill due to the hold on my Bank Account at XXXX. I need help with this matter. It has been agreed that I will now pay XXXX a month, which could have easily been agreed upon without a court order or holding my bank account hostage. I would like XXXX XXXX and the Law Offices of Michael and Associates investigated for the way they have handled this situation. I have yet to receive anything in writing from Michael and Associates. They have my address, my email address, and my phone number, nothing has changed. There is absolutely no reason that I wasn't informed of the XX/XX/XXXX court date other than they didn't want me to attend. I would also like to know how to file a complaint with the XXXX XXXX. The actions of Michael and Associates has caused harm, stress, pain and a hardship for my family. My credit has taken a big hit due to the " charge off '' amounts from XXXX XXXX, so I am not even sure what is owed at this point. I would like an accounting of every dime I have paid. They are also now charging me court costs on top of my debt. Forgot to mention that I have a voicemail from XX/XX/XXXX from XXXX  at Michael and Associates, no where is it mentioned that a court order was put in place and that my funds would be placed on hold. I WAS NEVER NOTIFIED OF ANY ACTION BEING TAKEN! That is not right.

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