Consumer complaint received 2018-02-08
Company: Kimball, Tirey & St. John LLP
State: CA
Product: Debt collection
Sub-product: Other debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened or suggested your credit would be damaged

Complaint:
On XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX fraudulently placed a negative collection account on my private consumer credit profile. This company is trying erroneously claim civil dispute between them and I for an alleged debt that is not owed to them nor the company they represent. The plaintiff did not provide any services nor provide any goods to me and has no rights to any debts owed. The Fair Debt Collection Practices Act clearly states that a debt collector can not collect any amount of money that is not authorized by the agreement creating the debt or permitted by law. Being that there is no agreement between the plaintiff and the defendant, that would mean the Plaintiffs collection attempts can not be sustained and are in fact fraudulent. The plaintiff is trying to collect on debt that has passed the statute of limitation in California and has illegally re-aged the account in an attempt to collect a debt not owed to them. They are an unqualified third party and a liability which offers no assistance to this alleged civil dispute. If they are the Fiduciary in this matter, I need a copy of the contract between us to continue further communication. I do not give permission or consent by assent for them to enter as a third party to this alleged civil dispute, nor to issue letters of threat to my private property or person, including their fraudulent reporting to various credit reporting agencies. They are attempting to enter into an alleged civil dispute without the contract and/or my permission and are in trespass. ( XXXX XXXX XXXX v XXXX XXXX XXXX XXXX ( XXXX ) ). They must Produce a XXXX, XXXX XXXX XXXX, XXXX XXXX or cease and desist. Unless you are a Secured Party, XXXX XXXX, Creditor, Debtor or Signer of the Original Contract, you are a third party. You are a liability and no assistance. Take Notice : You are lawfully and legally dismissed. I will not discuss my Private Affairs with an Unqualified Third Party. The laws in this country do not provide a remedy for a collection company that knowingly and voluntarily takes on a bad debt and then goes after the supposed debtor in an attempt to collect that alleged debt ; therefore, the Plaintiffs actions fall under the precedence set forth in scienti et volenti non fit injuria. They are ordered to remove the negative and fraudulent reporting of a collection on my consumer credit report and vacate any judgments they have put forth on the public record. They are not allowed to resell this alleged debt to any other company and will report it as a loss in their books. 

They should be advised that issuing letters of threat and trying to collect on a debt for which no contract exists is a crime of mail fraud and punishable in united states. I am a litigious consumer and I plan on seeking remedy in venue closest to me if they do not perform in the way that I have set forth in this presentment. This is an attempt to peacefully settle this matter. Please be sure that your documents are in order if there is need to pursue litigation.

Company response to consumer: Closed with explanation