Consumer complaint received 2018-02-20
Company: FIDELITY CAPITAL HOLDINGS, INC
State: CA
Product: Debt collection
Sub-product: Auto debt
Issue: False statements or representation
Sub-issue: Impersonated attorney, law enforcement, or government official

Complaint:
I currently have an opened small claims case with a hearing date of XX/XX/XXXX ( case number XXXX ) at the XXXX XXXX Court House, here in XXXX California. The reason I write is to share with you my horrifying experience in hopes that Justice will prevail. 
On XX/XX/XXXX I received an inter-office document address to me XXXX XXXX ( with confidential written in big red letters ) at my work. I opened it in haste. I had been served with a wage levy effective XX/XX/XXXX. Immediately, I began to email our personnel department XXXX XXXX. I wanted to ensure this wasnt some bogus money scam ( especially during our current economic/political climate ). I asked for the Writ of Execution, which, breaks down the money Judgment. The information was either restricted or unavailable. 
After several failed attempts to obtain a copy of the Writ of Execution, I finally decided to drive to the Sheriffs Civil Division to obtain a copy. I didnt have much luck. I decided to take a trip down to the XXXX Court house to view the file. I had contacted the plaintiff but they were reluctant to give me the information. 
This is where it gets a little hairy! Unfortunately, there were no files to view as most of the documents were archived since we are dealing with a case from XXXX and no payments made since the default of the loan back in XXXX. However, on XX/XX/XXXX, I had received a copy of the electronic case file. I could only view 2 documents, in which, either of those documents were not the Writ of Execution. I also filed a motion to vacate Judgment because, I was never served any notices prior to XX/XX/XXXX and, I had proof of my claim. The hearing was scheduled for XX/XX/XXXX. In addition, I filed a claim of exemption on XX/XX/XXXX with the XXXX Sheriff Civil Division-they removed the funds with the claim of exemption in place. 
I appeared in court for the hearing in XXXX XXXX at XXXX XXXX on XX/XX/XXXX. I was prepared for my hearing. This was my opportunity to prove to the courts the wage levy is a violation of Californias Fair Debt Collection Act Civil pros 337 and a violation of the California Statue of limitatjions on debt collection FDCPA 1788 ; Civill code sections 1812.700 and 1812.7021788. Which stated that a judgment, in which, there has been no collection of money after 4-6 years can not be enforced against someones wages civil prov 337. and states the statue of limitations stops only if I have made a payment after the expiration of the applicable limitations period. Instead, my rights were violated, my voice shrank to a whisper and, I was ejected out of the court room. Just like that. 
First, the bailiff of XXXX XXXX on XX/XX/XXXX ask me to sign the form acknowledging I appeared for the hearing, when, actually, it was the notice that the Presiding Temp Judge- XXXX XXXX would be hearing the matter. I felted so defeated. Second, I was not even given the opportunity to plead my case. I couldnt believe it! XXXX XXXX stated ; the error was the Courts fault and gave me the option of starting over or the continuance of XX/XX/XXXX. In despair, I agreed. I requested to speak and asked : If there was anything I needed to serve this time. I was given noting. 
In short, this is a frightening experience for me. I feel invisible. Im searching for Justice and Peace, yet, I find myself writing to you in despair. I hope and pray that you have some time to read this letter. Maybe this is out of your scope of professionally. If so, Forwarding this letter to someone who can help me would be great news to me! 
Thank you in advance. 
Kindest regards, XXXX XXXX

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation