Consumer complaint received 2018-10-02
Company: The Law Offices of Kenosian & Miele, LLP
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:
XX/XX/XXXX - a creditor by the name of XXXX XXXX XXXX obtained a judgement against me. I was never notified of the lawsuit. Service was to an address I did not live at and the person named in service declares nothing was ever received by service for anything to do with me. 

XX/XX/XXXX - a different creditor by the name of XXXX XXXX XXXX XXXX XXXX assumed/bought the judgement and extended the judgement. Again, I was not notified. 

XX/XX/XXXX - Law firm Kenosian & Miele on behalf of XXXX XXXX XXXX XXXX XXXX filed for a writ of execution. Court documents show they sent service to our old address, even though a different collection agency, XXXX in XX/XX/XXXX, with the same address as the law firm checked my credit twice and our current address had been reporting since XX/XX/XXXX. We have every reason to believe this was intentional The 2 bank inquiries on my credit report were the only 2 banks levied. 

XX/XX/XXXX - the creditor represented by the law firm Kenosian & Miele placed a levy on my joint bank account. Our first notification of ANY of this was a phone call from my bank on XX/XX/XXXX. They drained all accounts. 

XX/XX/XXXX - Judge released some of the funds on a claim of exemption. 


We also did further investigation into the debt which the agency claims the original creditor was XXXX XXXX XXXX. We contacted XXXX XXXX and they did a complete investigation. 
We received a letter from XXXX XXXX stating there was NEVER an account or application submitted to them for any accounts or credit cards in my name and social security number. We sent that to the attorney 's office and the response we received was they would need to discuss with their client first and they stated their client refuses to release the money being held by the Sheriff 's dept from the levy. They stated their client needs to perform their own investigation and they don't know how long it will take. 

Since none of our money has been returned thus far, we have been living off loans and cash advances which are incurring a large amount of interest. We have clearly provided evidence that this was never our debt and there were no legal grounds to sue on to begin with. Yet, they will not return phone calls and now claim they aren't receiving our messages. 

In more recent findings, XXXX XXXX XXXX is the original Plaintiff in the case. When XXXX XXXX XXXX XXXX filed acknowledgement of assignment of judgement on XX/XX/XXXX, the documents that were provided to the court state XXXX XXXX, XXXX along with a signature dated XX/XX/XXXX. XXXX XXXX XXXX is a completely different company and was merged out and no longer existant as of XX/XX/XXXX with XXXX XXXX XXXX as the surviving entity. The documents signed were by XXXX XXXX, on behalf of XXXX XXXX XXXX. XXXX XXXX XXXX was dissolved as of XX/XX/XXXX. XXXX XXXX XXXX, was NEVER the owner of the account ( which never existed in the first place ). 

There is also documentation that XXXX XXXX XXXX is not the same as XXXX XXXX XXXX on the XXXX website. There is a letter stating that XXXX XXXX XXXX gave permission to XXXX XXXX , XXXX due to the name similarity. 

All documents from court files, proof from XXXX website, proof of address in XX/XX/XXXX from a background report we had to pay for, proof of XXXX executing 2 inquiries on my credit report, proof from XXXX XXXX that there was never an account.

Company response to consumer: Closed with explanation