Consumer complaint received 2019-07-04
Company: WINN LAW GROUP, APC
State: CA
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
ON XXXX XXXX ( THURS ) I GOT A CALL FROM XXXX XXXX ( LEVY DEPARTMENT ) LETTING ME KNOW BY VOICEMAIL THAT THERE IS A CHANGE IN MY ACCOUNT. WHEN I CALLED, THE XXXX PERSON TOLD ME THAT THERE IS A LEVY IN MY ACCOUNT AND THAT THEY ARE HOLDING $ 10,300++ ( DON'T KNOW THE EXACT AMOUNT TO THE PENNY- THIS AMOUNT IS MY WAGE EARNINGS SCHEDULED TO BE USED FOR CHECKS I'VE ISSUED, CHILDREN 'S ENROLLMENT AND OTHER BILLS. ) AND IS SCHEDULED TO RELEASE MY MONEY TO I DON'T KNOW WHOM ON XXXX XXXX. I ASKED THE PERSON WHAT IT IS ABOUT, AND COULDN'T TELL ME EXACTLY WHAT IT IS FOR AND SUGGESTED FOR ME GO TO A LOCAL BRANCH AND GET A COPY OF THE DOCUMENTS THEY HAVE. I THEN GO TO XXXX XXXX BRANCH ( A BRANCH I NORMALLY GO TO ) AND ASKED THE BANKER TO PRINT A COPY FOR ME, I THEN EXAMINE THE DOCUMENT AND SAW THAT IT HAS A NAME I HAVE NEVER USED EVER AND WAS WITH MY SOCIAL SECURITY NUMBER. CREDITOR ( PLAINTIFF ) SAYS XXXX XXXX XXXX, WHOM I DONT KNOW. I CALLED THE ATTY IN THE CASE AND I WAS TOLD THAT HE WOULD PUT MY CASE TO THEIR DISPUTES DEPARTMENT AND WILL SEND ME AN ID THEFT PACKET ( WHICH I NEVER RECEIVED TILL NOW ). I WAS QUESTIONING HIM THAT HOW COME I DON'T SEE THIS IN MY CREDIT REPORT TO WARN ME THAT SOMETHING SUSPICIOUS IS HAPPENING. I ALSO ASKED HIM FOR THE ORIGINAL NOTE/OR STATEMENT OF WHAT WAS OWED TO SEE IF IT WAS ME WHO OPENED THIS ACCOUNT. HE JUST TOLD ME THAT MY CASE IS GOING TO BE IN THEIR DISPUTES DEPARTMENT AND HE ALSO TOLD ME THAT TO WAIT FOR THE ID THEFT PACKET HE WILL MAIL ME AND THAT I SHOULD FILL IT OUR AND RETURN TO HIM AS SOON AS POSSIBLE. WHEN MY LAWYER FRIEND CALLED THIS SAME LAWYER ( WINN LAW GROUP- MR XXXX XXXX ) HE TOLD MY FRIEND THAT HE WILL PUT A HOLD ON THE GARNISHMENT ON MY ACCOUNT - BUT IT SEEMS LIKE HE NEVER DID. 
ON THE SAME DAY, XXXX XXXX, I WENT TO A POLICE STATION IN XXXX XXXX TO REPORT THIS ID THEFT AND THE OFFICER TOLD ME HE CANT FILE A POLICE REPORT BECAUSE IT IS NOT AN ID THEFT BECAUSE IT HAS MY SOCIAL. I DONT UNDERSTAND! 
I THEN GO TO THE COURT IN XXXX XXXX XXXX ON FRIDAY XXXX XXXX AND GOT A COPY OF THE COURT DOCUMENTS. I SEE HISTORY OF ADDRESSES THEY SUPPOSEDLY HAVE SERVED THE PAPERS. THE COURT DOCUMENTS DONT HAVE MY SOCIAL SECURITY AND OTHER PERTINENT, ADDRESSES THAT I NO LONGER LIVE IN FOR MANY YEARS. IT SEEMS TO ME THAT THEY ARE JUST SLOWLY PUTTING MY INFORMATION TOGETHER, ALL THEY HAVE OF ME IS MY SOCIAL SECURITY. ON THIS SAME DAY I WENT TO THE SAME XXXX BRANCH I WENT TO ON XX/XX/XXXX AND SPOKE TO XXXX XXXX, A PERSONAL BANKER WHO KNOWS ME FROM COMING TO HER WHENEVER I NEED ASSISTANCE FOR ANYTHING REGARDING MY ACCOUNT. I TOLD HER MY STORY AND SHE CONTACTED AND INVOLVED THE BRANCH MANAGER XXXX XXXX AND XXXX INFORMED THEIR ESCALATIONS DEPARTMENT ABOUT MY CASE. WHO SAID THAT THEY COULD NOT DO ANYTHING TO RELEASE MY MONEY BECAUSE THE DOCUMENTATION PRESENTED TO THEM HAD MY FULL SOCIAL SECURITY THOUGH I REPEATEDLY TOLD THEM THAT I AM TRYING TO DISPUTE THIS AND THAT I ASK FOR THEM TO INVESTIGATE FURTHER SINCE IT DIDNT HAVE MY FULL NAME AND I HAVE NO RECOLLECTION WHATSOEVER, THAT I OPENED AN ACCOUNT WITH THIS CREDITOR. THEIR ESCALATIONS DEPARTMENT THEN TOLD MS XXXX THAT THEY WILL CALL ME NO LATER THAN WED OF THIS WEEK TO GIVE ME AN UPDATE. 
I EVEN TOLD MS XXXX THAT EVEN IF SHE KNOWS MY FACE AND NAME, WHENEVER I COME TO HER FOR HELP REGARDING MY ACCOUNT SHE STILL ASKS FOR 3 FORMS OF IDENTIFICATION : MY ATM CARD, MY PIN AND MY DRIVER 'S LICENSE. HOW COME XXXX   CAN NOT DO THE SAME FOR ME? I EVEN ALSO GAVE HER AN INSTANCE WHERE I TRIED TO DEPOSIT A CHECK THAT MISSPELLED MY LAST NAME AND THEY REFUSED TO ACCEPT IT WHEN IT WAS ONLY 1 LETTER OFF MY LAST NAME .SHE JUST SHRUGGED AND SAID THAT IT IS WHAT IT IS AND SHE CAN'T DO ANYTHING ABOUT IT. I ALSO CALLED THE WINN LAW GROUP AND AFTER SEVERAL ATTEMPTS I WAS ABLE TO CALL MR XXXX XXXX AND ASKED HIM ABOUT THIS CASE AND ASKED HIM TO PROVE TO ME THAT THIS IS MY DEBT AND THAT HE HAS TO GIVE ME ANO ORIGINAL APPLICATION AND STATEMENT BUT HE KEPT SILENT AND SAID SOMETHING ELSE. 
ON THE SAME DAY, FRIDAY, XX/XX/XXXX I WENT BACK TO THE POLICE STATION IN XXXX XXXX ONLY BECAUSE FROM MY RESEARCH, I AM ALWAYS ADVISED TO GO AND FILE AN ID THEFT WITH THE POLICE DEPT, STILL THE SAME ANSWER. 
AND WAS TOLD TO GO TO XXXX XXXX POLICE STATION. SO I DID AND SPOKE TO A COUPLE OF OFFICERS AND TOLD ME THE SAME THING. IT'S NOT ID THEFT COZ IT HAS MY SOCIAL. BUT HOW COME IT IS NOT IN MY CREDIT REPORT? 
MONDAY, XXXX XXXX I SPOKE TO OUR ATTY FRIEND, MR XXXX AND HE TOLD ME THAT HE HAD SPOKEN TO THE ATTY IN CHARGE OF THIS CASE ( XXXX XXXX XXXX ) AND THAT HE WILL EMAIL HIM A POSTPONEMENT OF THE LEVY. WE ARE STILL WAITING FOR THAT UNTIL THIS TIME. 
TUESDAY, XX/XX/XXXX : XXXX ESCALATIONS DEPARTMENT CALLED AND INFORMED ME THAT THEY WOULD NEED 2 DAYS TO INVESTIGATE ON THIS MATTER AND WILL LET ME KNOW BY THURSDAY. I DON'T KNOW IF THAT IS ENOUGH TIME FOR ME TO BE ABLE TO PUT A HOLD ON THE LEVY UNTIL IT IS FURTHER INVESTIGATED FAIRLY THAT THIS ACCOUNT IS MINE. 
AFTER A FEW HOURS I CALLED XXXX COMPLAINT AND ESCALATIONS DEPARTMENT AND ASKED THEM FOR A VERIFICATIONS OF DEBT LETTER, I SPOKE TO XXXX AND SHE TOLD ME THAT THEY DONT HAVE THAT AND THAT I NEED TO ASK THE ATTY ASSIGNED TO THE CASE WHO IS MR XXXX XXXX FOR THAT. I KNOW THAT I HAVE ASKED THIS FROM MR XXXX THE TIME I CALLED HIM ON XX/XX/XXXX AND ASKED TO FURNISH ME THE ORIGINAL NOTE OF THE DEBT, AND HE JUST KEPT SILENT AND TOLD ME SOMETHING ELSE. 
ALSO, ON XX/XX/XXXX, I WENT TO THE SHERIFF 'S DEPARTMENT TO FILE A CLAIM OF EXEMPTION -ENFORCEMENT OF JUDGEMENT. I WAS TOLD THAT THIS COULD HOLD OFF THE DISBURSEMENT OF MY MONEY TO THE CREDITOR. 

THIS IS IT FOR NOW. I HAVE BEEN SEEKING LEGAL HELP BUT IT SEEMS LIKE IT WILL COST ME THE SAME AMOUNT TO KEEP MY MONEY ( XXXX ) OR EVEN MORE. 

I REALLY HOPE YOU CAN HELP ME.

Company response to consumer: Closed with explanation