Consumer complaint received 2022-04-02
Company: Couch Lambert LLC
State: TX
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you in a state where you do not live or did not sign for the debt

Complaint:
On or about in the month of XXXX or XXXX last year in XXXX the XXXX  XXXX XXXX, XXXX XXXX contacted me through a law firm in Louisiana. The law firms name being Couch Lambert LLC. For which they received a Debt Validation and a Cease and Desist notice. They then sent me a package of statements, which was not what I requested from their office. I requested a valid " wet ink signature '' on any contract from Couch Lambert LLC and XXXX XXXX XXXXXXXX, XXXX XXXX also known as ( XXXX ) as shown in their letters. On XX/XX/XXXX of XXXX the Credit Reporting Agencies removed the account from my credit report after my dispute finished. I received a summons for court on XX/XX/XXXX for the first notice. They rescheduled the summons to XX/XX/XXXX and then another reschedule on XX/XX/XXXX. Later, a motion for continuance was granted for a date not earlier than 90 days from the last date for which we were to appear in court on XX/XX/XXXX. Then we finally ended in court on XX/XX/XXXX for which a motion to dismiss for which the motion was denied. There have been several violations against my consumer rights. They are attempting to collect a debt through an attorney law firm which is a third party. I, the affiant, and consumer, a natural person do not have a contract with Couch Lambert LLC and I demand of them the burden of proof. They must show me a contract that I signed with them in order for them to even attempt to collect this debt. While in court the attorney XXXX XXXX XXXX tried to coerce me into being a surety for something they do not have a contract for since their court operates off of contract law. This is a violation pursuant to 15 United States Code subsection 1692e ( 3 ) for an attorney can not be an attorney and a debt collector at the same time. They are trying to place themselves in a position to potentially garnishment my wages and income. This is a violation of 15 United States Code subsection 16923 ( 4 ). It is also to my attention as I, the affiant, am aware that a consumer can not commit a crime pursuant to Title 15 of the United States Codes subsection 1692e ( 7 ). Notice it is a fact affiant is aware and has proof in Exhibit " B '' for which the accounts has been removed from the credit reporting agencies XXXX, and XXXX. It is only reporting on XXXX for which I have contacted them several times to remove the negative as the debt has not been validated. The debt validation was done pursuant to Title 15 of the United States Codes 1692g stating the amount of alleged debt, and name of alleged creditor. The miranda was in their letter as follows " unless the debt within thirty days after the receipt of the notice, dispute the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector. '' However, there's a problem with this because the debt collector is a law firm agency and that agency only holds attorney 's which in itself is a violation pursuant to Title 15 of the United States Codes subsection 1692e ( 3 ) again. Next, the other Miranda was in their letter as follows " if you notify the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed the debt collector will obtain verification of the debt or a copy of a judgment against the consumer by the debt collector. '' This is still a violation pursuant to Title 15 of the United States Codes subsection 1692e ( 3 ) as Couch Lambert LLC is a law firm holding nothing but attorneys. Notice, it is a fact, affiant is aware pursuant to Title 15 of the United States Codes subsection 1692i ( a ) ( 2 ) when debt is not secured by real property, COUCH LAMBERT LLC can only sue if the contract authorizes the ability for the debt collector to sue the affiant, I, the affiant, did not sign any such contract to authorize a lawsuit against me and this legal action is a violation of Title 15 of the United States Codes subsection 1692i ( a ) ( 2 ) .Notice, it is a fact, I, the affiant is aware, as pursuant to Title 15 of the United States Codes subsection 1692i ( b ) COUCH LAMBERT LLC was given no legal authorization nor do I authorize the bringing of any legal action against, I, the consumer, in fact. Now, as it pertains to XXXX holding the negative account XXXX  XXXX XXXX, XXXX XXXX a.k.a ( XXXX ) on my credit report. The negative information was removed from XXXX and XXXX which means they are reporting inaccurate information to damage my credit score. This is causing me mental anguish, its hurting my ability to buy and sell as I, the consumer, see fit. Pursuant to Title 15 of the United States Codes subsection 1681 ( b ) all consumer reporting agencies, must follow reasonable procedures pursuant to 15 USC 1681 ( b ). The reasonable procedures listed in the affidavit herein were not followed and this is a violation within itself. Notice, it is a fact, affiant is aware, transactions authorized by my credit card, and credit card is defined in both FCRA and has the same as the definition in TILA as any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. Thus making my social security card a credit card. This account was authorized by my social security card, a credit card and therefore must be excluded from my consumer report. This reported information published on my consumer report for XXXX is { XXXX  XXXX XXXX and account number XXXX }. This is a violation of 15 U.S. Code 1681a ( 2 ) ( B ) and must be removed. Notice, it is a fact, affiant is aware, if there is an account which comes back verified pursuant to 15 U.S.Code 1681a ( e ) there must be an investigative report with the source of the report coming from interviews of family and friends and the results can not contain factual information. I, the affiant, allege no such verification based on an investigative report exists. Please submit a certified copy of the existence of this report with a statement under penalty of perjury that this report was not altered or manufactured in any way. Without this information this is a violation of 15 U.S.Code 1681a ( e ) and the { XXXX  XXXX XXXX and account number XXXX } must be removed from XXXX on XXXX counts. As they have not validated, nor shown me an investigative report, and they are reporting inaccurate information as XXXX credit reporting agencies being XXXX and XXXX have deleted the negative account and XXXX is still reporting false and inaccurate information on my credit report.

Company response to consumer: Closed with explanation