Consumer complaint received 2018-04-10
Company: SACOR FINANCIAL, INC
State: GA
Product: Debt collection
Sub-product: I do not know
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
This appears to be a continuation of a previous complaint : CFPB # XXXX. 

Despite repeated communications with XXXX XXXX XXXX / SACOR Financial disputing the validity of any claimed debt or other business dealings with them, they continue to harass me through local law firms. Although the previous law firm rightly ceased all activity and asserted that would notify the above-referenced creditor to communicate with the original attorney about illegal activities taken on their behalf, no such communication appears to have taken place. Instead, they have apparently hired another local law firm in an attempt to further perpetuate a pattern of abuse and harassment which has lasted for many years. 

The following timeline reflects the history of this ongoing activity. 

-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - XXXX XXXX XXXX / SACOR -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- On XX/XX/XXXX I became aware of a final judgment was filed against me on XX/XX/XXXX. I had never been served and no judgment shows on my credit bureau reports from XXXX, XXXX, or XXXX. 

That same day I contacted the lawyer on the case, who stated that he had no proof of service and had returned all files to XXXX XXXX XXXX XXXX XXXX ( XXXX ) at their request. 

Note : XXXX was purchased by SACOR Financial Inc on XX/XX/XXXX. 

I went to the Courthouse and according to the file an Order Confirming Arbitration Award was filed by XXXX XXXX XXXX on behalf of XXXX on XX/XX/XXXX. 

State law regarding arbitration in the state of Georgia ( OCGA 9-9-4 ( c ) ( 1 ) ) states that " [ a ]  demand for arbitration shall be served on the other parties by registered or certified mail or statutory overnight delivery, return receipt requested. '' The file includes no record of service. 

It also includes no return receipt - only a returned improperly addressed letter ( not registered or certified ) postmarked XX/XX/XXXX which had been returned to the courts as improperly addressed. This letter had been addressed to the last name " XXXX '' which I assume was an incorrect spelling of my name, " XXXX. '' Instead of proof of service an Affidavit of Due Diligence dated XX/XX/XXXX is included in the file asserting that a " due search, careful inquiry and diligent attempts '' were unable to effect service through a private processor ; service was purportedly attempted on XX/XX/XXXX. Further, in response to a Motion for Final Judgment the court had added the written notation that " [ t ] his Court shows no service in file or on docket. '' In addition to the lack of proof of service I also noted that there was no documentation which indicated with sufficient specificity that XXXX had purchased the asserted debt. 

Additionally, I was aware that in XX/XX/XXXX, the National Arbitration Forum ( NAF ) agreed to cease administering arbitration disputes after the Minnesota Attorney General brought suit against for NAF for failure to disclose its relationship to credit card companies. 

Attempts to contact XXXX were unsuccessful as they had filed for bankruptcy protection in XX/XX/XXXX.  Based on the above factors there was clearly no merit to any claims, the court appeared to agree with this assessment, and I considered the issue to be closed. 

-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- XXXX XXXX XXXX -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- On XX/XX/XXXX I was served with a Subpoena and Notice for Deposition on the above action, with the Plaintiff now listed as " Sacor Financial , Inc. as assignee of XXXX. '' This subpoena notified me to report to the office of XXXX XXXX XXXX XXXX ( XXXX XXXX XXXX ) on XX/XX/XXXX for a deposition. I went to the office of XXXX XXXX XXXX on the stated date and time in the hope that an explanation would be the quickest way to resolve this action which is clearly in error. 

On XX/XX/XXXX I went to the office of XXXX XXXX XXXX and informed their counsel that : I disputed this debt ; I had never received service regarding an arbitration hearing ; the Court had no record of service ; the file lacked documentation indicating that XXXX had the legal right to collect on the purported debt ; and that if the NAF had handled the arbitration it was likely invalid.

In addition I asked to see if there was any proof of Sacor 's purchase of the debt in question from XXXX. 

The lawyer showed me a " Notice of Sale and Assignment '' from XXXX to Sacor. The Notice lacked the legally required specificity to indicate proper assignment and I informed Sacor, through XXXX XXXX XXXX of that, saying : " This, obviously, is not with specificity, as you know ... this says everything that XXXX has is being sold because 'we are filing for bankruptcy. ' '' When I then asked " [ d ] o you have any other assignment documentation, '' Sacor 's attorney refused to confirm or deny if there was other, legally sufficient proof of assignment. 

The lawyer did remark however, that " [ y ] our concerns regarding the validity of the judgment have been included in the record. '' XXXX XXXX XXXX increased their level of harassment by sending subpoenas to XXXX XXXX and XXXX XXXX XXXX demanding financial records associated with myself. 

Although I do not have a bank account with XXXX XXXX, the XXXX XXXX that I founded does have its account at XXXX XXXX. 

I filed complaints with the Consumer Financial Protection Bureau and with California 's Office of the Attorney General. 

XXXX XXXX XXXXXXXX responded in part : " On or about XX/XX/XXXX, XXXX XXXX XXXX , XXXX ( XXXX XXXX XXXX ) was hired to collect a judgment issued by the Superior Court of XXXX County in XX/XX/XXXX against the consumer. [ ... ] The first time XXXX XXXX XXXX became aware of any issue, whatsoever, with the judgment was when the consumer conveyed the information during his post judgment deposition earlier this year. [ ... ] In order to be able to respond to the consumer 's claims, XXXX XXXX XXXX has requested that the creditor contact their original attorney and have the attorney respond to the allegations. Until then, XXXX XXXX XXXX has placed the file and all collection activities on hold '' To our knowledge and belief, communications from XXXX XXXX XXXX ceased after the above communication from them. Importantly however, there has been no information from SACOR or " their original attorney '' to " respond to the allegations. '' Although XXXX XXXX XXXX claim to have placed " 'all collection activities on hold '' it appears that some party has continued to pursue collection activities against me for this claimed debt. 

-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- XXXX XXXX XXXX XXXX -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- On XX/XX/XXXX several legal documents were received regarding this matter from XXXX XXXX, XXXX. of XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, XXXX XXXXXXXX, XXXX, GA XXXX ( XXXX ) XXXX. 

There were four Subpoena Duces Tecum addressed to XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX ; and XXXX XXXX. I believe that some of the recipients for these subpoenaes are based on information I previously shared but am concerned that XXXX XXXX XXXX / SACOR and/or its agents are accessing my private information through credit reporting agencies in violation of the Fair Credit Reporting Act. 

At this point I do not have any additional information about the purpose for the subpoenaes I received as there were no other communications from XXXX XXXX of XXXX XXXX XXXX XXXX. At a minimum however it appears that, like the previous law firm, that this is an effort by a " junk debt buyer '' to collect on funds not owed them through a pattern of abuse and harassment. 

As before I will also file a complaint with California 's Office of the Attorney General. I also reserve the right to pursue any other options available to me.

Company response to consumer: Closed with explanation