Consumer complaint received 2017-08-03
Company: RUSSELL, MIRKOVICH & MORROW
State: CA
Product: Debt collection
Sub-product: Other debt
Issue: False statements or representation
Sub-issue: Indicated you were committing crime by not paying debt

Complaint:
To : The City of XXXX XXXX, XXXX XXXX, and XXXX XXXX XXXX of the Harbor Division The City of XXXX XXXX From : XXXX XXXX Ref : Automatic Stay Hello Parties, As you all well know by now. I have filed bankruptcy in Federal Court this past Thursday. 

On Friday morning I sent a letter to XXXX XXXX for the City of XXXX XXXX and spoke to XXXX XXXX XXXX personally, giving notice that I was declaring bankruptcy because I have exhausted all efforts to reason with the city over this contract dispute, and illegal lockout for the past 200 days. In fact, I was told my XXXX XXXX XXXX had told me there was a city wide no-contact order placed on any communication with me because of litigation. This was my last attempt to salvage our relationship and try to figure out a resolution on this matter, and I was denied this by " The City '', and was told that XXXX XXXX XXXX was the attorney that I must speak with in resolution to this case. 

Need I remind everyone here. that by informing the City that I have filed bankruptcy and an issue of an automatic stay has been put into order. 

Meaning that all eviction proceedings must stop, and that I have immediate access back to my property or be subject to violations of the Fair Debt Collection Practice Act which states : Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them. 

This is an injunction placed on The City of XXXX XXXX to immediately lift all sanctions against me in regards to aggressive and bully type behavior in the attempt to collect a debt. 

The City 's refusal to participate in dispute resolutions and illegally locking me out of my vessels, by using a collection action XXXX XXXX XXXX to use calculated and willful intent to obstruct me from my personal property and has continued to do this even after. In fact, when I informed XXXX XXXX that a automatic stay had been set into motion through bankruptcy proceedings. 


XXXX XXXX, the authorized collection agent for The City of XXXX XXXX, replied with this statement in an email sent this past Friday afternoon. 


Inline image 1 The Temporary Restraining Order this women is speaking about was a aggressive collection position that the marina took against me to continue to illegal evict me through self-help methods ; such as, a temporary restraining order. XXXX XXXX lied, and somehow convinced a superior court judge that I was an employee of XXXX XXXX, and that I had created a work place XXXX scenerio when I came back to get position of my vessels under the terms of our contract ; since I have ever right to this procession. This is a direct violation of the FDCPA. I bring this to your attention because your attorney has also stated that she will be looking for relief from this automatic stay. I have told her that my attorney and I will object to any relief of stay made on this case. 

This is a commercial lease, and I have requested reasonable accommodations from " The City '' and its operating management company XXXX XXXX for the past 200 days and have been denied access to my property, have now had a " workforce restraining order '' as a last ditch effort to seal the coffin on your eviction due to collapsing me financially and using other legal tricks to throw me into financial ruin. This is political in nature, and will be taking as a serious aggressive stance against my personal property by a city. You have denied me access to my property and have broken my constitutional rights. Your associate XXXX XXXX XXXX also lacks any respect for the judicial process. which there is also an active complaint with the California Bar, and have been told by Judge XXXX, and many other attorneys that I need an attorney to handle this very complex matter of issues. Since, I was respresenting myself Pro Per in this litigation I saw no other option that having to file bankruptcy, and ask for protection from the Federal Government to protect me from these unlawful practices. I will be presenting all this evidence to the court, and during the meeting of creditors to state that you are the direct result that my other creditors are unable to be paid. That the illegal lock out of my commercial property has created such harm that I had to do the ultimate thing to protect myself from being further harrassed and discriminated against by The City Of XXXX XXXX, The XXXX operations Management, and The Staff of whom work for that XXXX, its security, and XXXX XXXX XXXX. 

The City of XXXX XXXX is listed a s a creditor, I demand immediate access to my vessels, and for The City of XXXX XXXX " The City '' to abide by the contract that we have in place On Monday morning, I will be filing two temporary restraining orders against XXXX XXXX XXXX, and the General Manager for the public-ally owned property XXXX XXXX XXXX, of which I pay state property tax and have a visited interest in I will be asking for relief from the lower court Superior Judge to honor the automatic stay placed under the Protections of the United States of America and the Constitution of the rights a tenant has in all commercial lease eviction, and reasonable accommodation cases due to a documented XXXX. I am looking forward to a quick resolution on this matter, and the harassment, intimidation, and discrimination to stop now. I have done nothing to endanger anyone, and only expressed my constitutional right under the FDCPA to make sure that my property was in working order due to an illegal self-help eviction by your collection agent XXXX XXXX, and her continued lack of empathy for my XXXX during these proceedings, he professional and ethical conduct, the extreme personal and fiscal damage your representative has caused me is beyond the scope of understanding. 

I have uploaded all documents that clearly outline this complaint because there is too much to state and can not be utilized in the small space. THE ATTORNEY HAS VIOLATED an AUTOMATIC STAY DUE TO A PERSONAL BANKRUPTCY INDUCED BY THE UNFAIR BUSINESS PRACTICES OF XXXX XXXX. When I revealed that I had filed bankruptcy and demanded full access to my property, I was mocked and told that if I came within 100 yards of the property THE CONTRACT PARTY would have me arrested and this will hold until a court deems otherwise, an injunction was put into place, or that the CONTRACT negotiations HAVE FINISHED, and they have won the case. 

However, the big problem is the have ignored the most powerful tool in the legal universe and have proceeded with aggressive legal maneuvers ; for example, I will be attending a frivolous Work XXXX Temporary Restraining Order this Friday because they were able, prior to the stay, to convince a judge that I was an employ of the XXXX, and that I also moored vessels there, and that I was a threat to the harmony of the XXXX. 
They did not inform the judge that there is a HUGE Legal dispute, and that they could not serve me because I was considered homeless, and they did not know how to get a hold of me. This is ironic because I have been in contract resolution with the XXXX for almost 8 months now and have been locked out of my vessel due to a self-help eviction by XXXX XXXX, and The City of XXXX XXXX denying me of my property, free will, constitutional rights, and the right to fair business in a large county such as XXXX XXXX which I believe the client and the XXXX they represent have killed my reputation and have XXXX XXXX me across all XXXX  because I have complained about American XXXX Rights such as my own. 

I have stood up for the other XXXX adults that have been victimized by bug business and has destroyed the opportunity of the little man such as myself. The continued disregard to the color of law is troubling to say the least and I would ask for a full investigation into this matter as soon as you finish reading this letter. 
XXXX XXXX XXXX believes that her actions and harassment towards me after I have informed her about the automatic stay and my bankruptcy. She still felt as though her EGO was entitled and that she continued to try and manipulate and challenge my constitutional and common law rights. The TREATMENT IN HOLDING A PERSON 's PROPERTY HOSTAGE and when the only option was to use the Automatic stay. XXXX XXXX XXXX still mocked the constitution of the United States declaring their entitlement to seize my property through some sort of mari time lien and threaten me with arrest if I come with 100 yards of the XXXX. 

The City of XXXX XXXX, The City of XXXX XXXX, XXXX XXXX, XXXX XXXX ( XXXX XXXX ),  XXXX XXXX XXXX XXXX XXXX in XXXX XXXX, XXXX XXXX XXXX, and XXXX XXXX has conspired together to try and destroy my good name, my business, and allow any ability for me to prosper in the XXXX California due to their illegal tactics and bully like behavior. The have also manipulated an entire XXXX into being scared that I may do something to them or their family. This is untrue and I love my XXXX, and the staff that works there. I understand their concerns but we all need to get along. This issue is with the attorney, the Harbor Division XXXX XXXX, XXXX, The City Attorney Office and other politic figures that I have reached out to help assist in this matter so that I would avoid having to do the ultimate sacrifice and use a Bankruptcy to have a fresh start, I have fallen on my sword, to offset the remote possibility that my business, and personal well being would be destroyed by continuous litigation ; however, I thought the Automatic stay would put an end to this ; however, I am still litigating with this creditor, and will be back in court on a temporary restraining order that I filed with The City of XXXX XXXX XXXX Division on this violation of the Automatic Stay, This breach of the Automatic stay, the most powerful weapon in any of our arsenal, has not only been disrespected but I demand for it to be answered to by The Department of Justice and to see if anything criminal has happened here. 

I demand a full investigation into how a XXXX  disadvantaged business member of the community can be targeted by several departments across the XXXX community just because he is different and suffers from a very rare XXXX  and XXXX XXXX that can affect the overall reality of the individual if he is under XXXX, or having a medical reaction ; of which I was. However, I have been continually stereo-typed, profiled, and now this utter disrespect of the automatic stay I ask for the DOJ to be very swift on this violation and demand recovery of punitive damages, and the inability to ever practice law in the country for a period of 15 years, and 30 years for the firm itself for this disrespect to the oath that they took to protect. My business is based on corruption, and this is the highest level of it and she tried to destroy me in every way she could. She came very close if it had not been my decision to pull the trigger on myself to avoid financial ruin all together, and my character destroyed throughout the world because this woman would not have stopped in destroying my good name. 

The calculated and willful neglect that I have witness and documented is far above any civil rights violation that I have ever heard of or read about in my life time. It is disgusting to say the least. I am looking forward to a swift resolution on this matter, so that I can work with my trustee without pressures of arrest, and figure out the value of my estate and how the business, myself, and my life will reorganize after this horrific experience in the legal court system, and the full on attach against a documented XXXX XXXX XXXX who is just trying to restart his life via his education rehabilitation and startup business type of spirit. I ask that the Department of Justice Look into the serious of this matter, and get back to me as soon as you can. Thank you for your time. 

The firm has also VIOLATED HIPPA and other Privacy related issues with other third parties including several other municpal organizations over the past 8 months destroying the credit of the individual on false pretense.

Company response to consumer: Closed with explanation