Consumer complaint received 2020-11-07
Company: Schreiber Law LLC
State: CT
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Collected or attempted to collect exempt funds

Complaint:
Under the Fair Credit Reporting Act, XXXX XXXX XXXX and Schreiber/ Cohen LLC , & Schreiber Law, have violated my rights. Ultimately, violating the law under the FDCPA which I will provide evidence to support my claims herein. 


On XX/XX/XXXX XXXX XXXX XXXX & Schreiber/Cohen LLC ( LAW ), won a default judgment without hearing, against me. 


The small claims writ and notice was sent to my sisters ' address in XXXX XXXX where she resides with her daughter who would have been approximately XXXX years old at the time. The statement of service says it was left in the mailbox. 


I never received the small claims writ and notice to provide an answer to it. However, in XX/XX/XXXX I was alerted to a credit collection discrepancy. Immediately I sent a Cease & Desist to XXXX XXXX XXXX. 


Furthermore, in my document I expressed only a desire to work with my original creditor over the alleged debt. A point worth mentioning, in the letter I explained I have no clue who the original creditor was. Lastly, the letter sent to XXXX XXXX XXXX was accompanied by a validation of alleged debt request. 


My request was ignored entirely. On XX/XX/XXXX I filed a formal Cease and Desist against XXXX XXXX XXXX utilizing the Consumer Financial Protection Bureau. 

Another point worth mentioning, I did not realize that there was a default judgement against me at that point in time. Moreover, in my CFPB complaint this is evidenced as I did not mention Schreiber/Cohen LLC ( LAW ). 


Unfortunately, I did not realize until I received a response from Schreiber/Cohen LLC ( LAW ) & XXXX XXXX XXXX that I was sued and lost by default thru the CFPB response given. 


Today I have discovered that XXXX XXXX XXXX and Schrieber/ Cohen LLC ( LAW ) have filed a wage execution against me naming my employer as debtor. This comes after XXXX XXXX XXXX & Schrieber /Cohen LLC ( LAW ) responded to the CFPB that they would Cease & Desist. 


On XX/XX/XXXX I would receive thru the CFPB a response from a XXXX XXXX XXXX an encore capital group company document. 

The document lists my original creditor as XXXX XXXX and an XXXX XXXX XXXX. It also includes and XXXX  #, an original account #, and a case #. 


XXXX XXXX XXXX & Schreiber /Cohen LLC ( LAW ) have violated my rights under the FDCPA in the following ways noted below herein : They were deceptive and engaged in misleading representations when they communicated to me in their response through the CFPB ( Exhibit A document ). 

In which they did not clearly state the identity of the current creditor to whom the debt is owed, in violation of 15 U.S.C. 1692a, 1692g, and 1692e. 


In document labeled Exhibit A I have no idea whom is actually the original creditor. Not to mention I am still confused about who I have been sued by. The letter says " we became the servicer '' but I have no clue as to who the servicer is or what that means. 


Is the alleged debt with XXXX XXXX XXXX, XXXX XXXX, XXXX, Schreiber/Cohen LLC, Schreiber LAW LLC, XXXX XXXX XXXX, XXXX XXXX XXXX, or XXXX?. 

They did not adequately inform me as to the identity of the current creditor to whom the debt is owed. As a matter of fact, on the last page I am instructed to make my payments to Schreiber/Cohen LLC ( LAW ). 


As can be seen, document Exhibit A XXXX XXXX XXXX & Schreiber/Cohen LLC ( LAW ) are deceptive, misleading, and engaging in unfair debt collection practices. 


This document is subject to more than 5 interpretations which could all be wrong. Exhibit A is misleading as a matter of law. 


Lastly, I want to make clear I was served a small claims notice at the wrong address. The default judgment took place in a court not of my jurisdiction. According to the response submitted to the CFPB the XXXX XXXX statement has an address for XXXX XXXX. 


The address listed is not my sister 's address in XXXX, XXXX where the small claims was sent. If the mail is not sent to the correct address, and if the correct address is known, the rule is clear. 

Service by publication and mailing requires that the mail be properly addressed. 
What is clear is that XXXX XXXX XXXX & Schreiber/Cohen LLC ( LAW ) certainly knew how to locate the address of my employer. 

I certainly could have been served through my employment originally. They have demonstrated they know how to find me. Evidently, from day one they knew how to contact me and I believe had no intention of serving me properly. 

If I can not defend myself, this is their default win. When I make the reference " their '' this is because I have no clue who has actually sued me. This also is a violation of the FDCPA. 


I will be forwarding this letter to my Connecticut Attorney State General XXXX if need be. I will also be attaching this letter with a wage exemption execution claim form as well. 

In closing, for the very last time, I want to formally request a Cease & Desist. 


Under the provisions of Public laws 95-109 and 99-361 known collectively as the Fair Debt Collections Practices Act I formally notify you : Schreiber/Cohen LLC, Schreiber Law LLC, XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX, and XXXX  to Cease & Desist all communications with me in regards to this alleged debt or any other debt you allege that I owe. 

Please be advised that if collection attempts continue after receipt of this notice I will notify my State Attorney General 's office and the Federal Trade Commission. 

Additionally if I am contacted again after receipt of this notice, I will pursue both criminal and civil claims against you and your company for violations of the FDCPA. 

Please be aware that going forward, after I have confirmed your receipt of this notice, any communications from you or your company may be recorded to be used as evidence of my claims against you. 


Also be advised that any negative information appearing on my credit reports pertaining to this account will be handled with the full legal rights and remedies available to me with regards to current consumer protection laws. 

I will be providing the CFPB with documentation in which there is no possibility that other parties mentioned will have any difficulty in identifying me should that be an excuse for not responding.

Company response to consumer: Closed with explanation