Consumer complaint received 2018-04-19
Company: Malen & Associates, p.c.
State: NY
Product: Debt collection
Sub-product: I do not know
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you without properly notifying you of lawsuit

Complaint:
Malen & Associates filed a summon and complaint with XXXX   County court on XX/XX/XXXX. However, they did not notify or deliver the summon until XX/XX/XXXX. The summon violates multiple state and federal debt collection statues including debt verification clause and misrepresentations. The letter and the complaint violated the law : DID NOT GIVE ADEQUATE TIME TO VERIFY DEBT VALIDATE DEBT THE COMPLAINT FILED ALLEGED AND ASSUMED THAT THE DEBT WAS VALID AND VERIFIED THE COLLECTION LETTER FAILED TO MEET LEGALLY REQUIRED VERBIAGE IN THE LETTER : Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq 1.3 ( b ) We are required by regulation of the New York State Department of Financial Services to notify you of the following information. This information is NOT legal advice : Your creditor or debt collector believes that the legal time limit ( statute of limitations ) for suing you to collect this debt may have expired. It is a violation of the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq., to sue to collect on a debt for which the statute of limitations has expired. However, if the creditor sues you to collect on this debt, you may be able to prevent the creditor from obtaining a judgment against you. To do so, you must tell the court that the statute of limitations has expired. Even if the statute of limitations has expired, you may choose to make payments on the debt. However, be aware : if you make a payment on the debt, admit to owing the debt, promise to pay the debt, or waive the statute of limitations on the debt, the time period in which the debt is enforceable in court may start again. If you would like to learn more about your legal rights and options, you can consult an attorney or a legal assistance or legal aid organization.

COLLECTION BY DECEPTION - FDCPA - 807 15 USC 1692e False or misleading representations Misleading attempt to bypass federal and state laws and deprives a citizen of properly verifying the debt and disputing the charges Erroneous statements by the legal team on the complaint : Line Item 4 : parties executed an agreement where credit was extended is false : at least one was/is confirmed and frozen due to invalid charges and disputes for many years any statement suggesting otherwise is fraudulent and perjury : XXXX XXXX is advised to revisit this with their legal team Line Item 5 : XXXX XXXX has not made any attempts to collect or make contact or go do anything productive in managing this relationship including providing statements or applications, information or communicating with the client.

Public opinion : XXXX XXXX XXXX XXXX XXXX XXXX Evidence suggests that firm bypasses legal requirements and legal protections enshrined by law through legal complaints and summon process. There is overwhelming evidence of the foul and erroneous use of legal courts by this firm against the public. CFPB and the DOJ have to investigate this, not just in the context of fines but in the context of perjury and fraud including false affidavits. This firm fits the pattern of an extortion racket scheme. Moreover, the amounts they are targeting are low amounts but massive in numbers skipping all methods of proper collection practices.

Company response to consumer: Closed with explanation