Consumer complaint received 2023-05-29
Company: Kimball, Tirey & St. John LLP
State: CA
Product: Debt collection
Sub-product: Mortgage debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you without properly notifying you of lawsuit

Complaint:
XXXX XXXX XXXX XXXX Filed an unlawful eviction, using my, and my families personal contact information, social security number, without notifying of eviction, I was getting medical treatment from being injured in XXXX during the time they threatened eviction, they issued a 3 day notice which my family and I were out in 2 days prior to the 3 day I was protected under the service members act. 
Evicting me prior to obtaining a court order, ( XXXX ) charging me for vandalism done to the home by a burglar, ( XXXX ) refusing rent-damages paid by XXXX ( California Victims XXXX XXXX XXXX XXXX Filing a false proof of service with the intent to deceive the XXXX, they used the last known address for XXXX muskingham way knowing the home was not being occupied by me the veteran, knowing I would not be able to receive that mail. 

The Servicemembers ' Civil Relief Act ( " SCRA '' ), 50 U.S.C. 3901 through XXXX, is intended to protect members of the XXXX XXXX, XXXX, XXXX XXXX, XXXX XXXX, and XXXX XXXX from collections actions and foreclosures during their time in service. 

Eviction Protections A landlord may not evict a service member, or his/her dependents, from a residential home during a period of military service without first obtaining a court order. This requirement applies regardless of whether a state otherwise permits evictions without court orders ( also known as non-judicial evictions ). 
Furthermore, if a landlord or property manager pursues a court order through a default judgment, the SCRA requires that they file an affidavit notifying the court of the tenants military status. If the tenant is in military service, the court must appoint a guardian ad litem to represent the interests of the service member. The court may also postpone the judgment by 90 days if the service member can not be reached or the servicemembers appearance is necessary to present a defense. Kimball Tyree St John, filed an default, without having me served, then sued me for damages incurred to the property due to an break in, there was a police report submitted to the Property Management Company to deem me not responsible for vandalism done to the home, and me being burglarized for {$4000.00}, Waiver of Rights Under the SCRA The SCRA allows service members to waive their rights under the SCRA, provided that the waiver is executed : ( 1 ) as an instrument separate from the contract, ( 2 ) during or after the relevant period of military service, and ( XXXX ) in at least XXXX font. The Department of Justice has taken the position that waivers are invalid if they are addenda to a lease and not separate instruments, are signed at the same time as the lease, and are not supported by any additional benefit to the service member. While I was away getting treated for injuries sustained from war. They conducted an eviction without me present, without me signing any acknowledgment, or giving me ample time to challenge the eviction in court. Evidence was provided to the Landlord that I was in treatment with the Department of Veterans Affairs, and in Washington state. At XXXX XXXXXXXX they have also went back to court, and filed for an increase in interest, without serving me, or informing me, and I do not know how the judge is signing off and approving these motions without giving me ample opportunity to fight the motions. 

How Does the Department of Justice Enforce The SCRA? 
Under the XXXX, the Attorney General is authorized to file a federal lawsuit against any person ( or entity ) who engages in a pattern or practice of violating this law. The Attorney General may also file such a suit where the facts at hand raise an issue of significant public importance. When the Attorney General files a lawsuit under the SCRA, he has the authority to seek monetary damages on behalf of individual service members. The Attorney General also has the authority to seek civil penalties, equitable relief, and declaratory relief. 

How Do I File an SCRA Complaint with the Department of Justice? 
How to report a civil rights violation to the Department of Justice. 

All debt collectors and debt buyers operating in California are required to apply for a license with the Department. A license is required for the licensee 's principal place of business and can not be transferred or assigned. 

XXXX XXXX in California? 
The California statute is called the XXXX Fair Debt Collection Practices Act. Creditors and debt collection agencies are permitted to take reasonable steps to enforce and collect payment of debts. That is because an efficient and productive economy requires a credit process. 

Under the XXXX XXXX this company is in violation The Department XXXX XXXX XXXX and Innovation ( DFPI ) provides licensure, regulation, and oversight of California debt collection practices under the California Consumer Financial Protection Law, 2021 ( CCFPL ) and the Debt Collection Licensing Act, 2022 ( DCLA ). Both measures help to better protect consumers and create a level playing field for industry. The XXXX began accepting applications for licensure XX/XX/XXXX. You can reach the licensing team by emailing XXXX. We can answer questions regarding the licensing process but can not provide legal advice. Applications must be submitted via the XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ). A checklist of requirements for the application is available on XXXX. Once licensed, debt XXXX will not need to register under the California Consumer Financial Protection Law. The Department will allow any debt collector that submitted an application before XX/XX/XXXX, to operate pending the approval or denial of the application. 

After doing an extensive search for Debt Collection License Under Kimball Tyrie st john, it came back with 0 results ( See Attached ) And reading the DFPI Rules on law firms exempted from licensing, Kimball Tyrie St John, is a valid licensed Debt Collector, they are not exempted from being a licensed Debt Collector. They have no authorization to practice collections of any debt, let alone have permission from the state of California to report any accounts to the Three Major Credit Bureaus. See attached

Company response to consumer: Closed with explanation