Consumer complaint received 2020-02-27
Company: WINN LAW GROUP, APC
State: CA
Product: Debt collection
Sub-product: Credit card debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
In XXXX I received a letter from the Winn Law Group for a debt collection in the amount of {$8200.00}. This was the first time I had any communication from this group. The plaintiff was XXXX XXXX XXXX XXXX. I had no knowledge of this debt. No other information was provided. By contacting the Winn Law Group ( WLG ) I questioned the debt and after many requests was finally sent documents pertaining to this case ( which legally they should have already sent me. ) My name, address, Social Security number, etc were on the cover sheet. The following pages then belonged to a different woman with her information and details of a debt. I immediately contacted the WLG and informed them of their error and that it was a case of Mistaken Identity ; that this was not my debt and they had somehow managed to obtain my personal information and attach it to another persons debt. The receptionist said she made note of this and I was not advised any further of any actions to be taken. I received an additional letter and when I contacted the office of the WLG, I was told by a receptionist that the case had been dismissed. Regrettably I did not research my rights and provide a written dispute, nor did I keep these documents as I believed this to be concluded and that the WLG had realized their mistake.

One year later I received another attempt of collection for this debt. Again I informed the WLG that this was their mistake & I had been told it had been dismissed. I asked them not to contact me again and warned them that I would report them for harassment if they continued to send me letters. 
In XX/XX/XXXX I went to my bank and found a charge in the amount of {$120.00}. I contacted the bank and informed them that I had not authorized this charge. I was advised to contact the XXXX XXXX County Sheriff. The Sheriff 's Department then advised me to contact an Attorney at the WLG. I tried relentlessly to talk with an Attorney but was either put through to voicemail, ( which I left multiple messages requesting they call me back and send documents relating to this case ), hung up on several times or placed on hold for an eternity. I called the bank back and they notified me through their Fraud Dept. that due to a legal order, there had been an attempt to try and extract {$8200.00} from my account to satisfy all or part of a debt. They charged me a processing fee ( {$120.00} ). If I had any substantial amount in my account, it would've been taken. I then received a Notice of Levy. The WLG falsely claim to have sent copies for 'Notice of Renewal of Judgement and Application of Renewal of Judgement. ' to my address. I never received these copies. The 'Proof of Service ' letter was not even dated & only claims to have 'placed such envelope for collection and mailing ' on XX/XX/XXXX. ( Document attached ). I am doubtful and question if these copies were ever actually mailed. I am certain the WLG did not want me to be able to challenge this Judgement but slyly went to the Courts without my knowledge to obtain a legal order. 

On XX/XX/XXXX, I was shocked to receive completely new documents. This copies show an attempt at debt collection dating back to XXXX ( for a Credit Card debt concluding in XXXX. ) Again, the WLG falsely claim that I was served with a copy of the Summons and Complaint. According to their documents, these copies were in fact served to a 'XXXX XXXX XXXX  ' ( Docs attached. ) I never received these copies. They were never forwarded to me. The WLG neglected to send any follow up letters whatsoever, for the collection of this debt.

In that same time period I had unfortunately accumulated two other debts that were in debt collection. Ironically, I had held onto all of these notices with the intention of settling them when possible. In XXXX, I was in a position financially to do so. I was able to 'Satisfy in Full ' these outstanding debts. ( Docs attached. ) I also contacted the Credit Agencies in an attempt of good faith, to locate and finalize any additional debts. None had been reported. Why were no letters of collection sent or a report filed for this debt?

I believe the WLG has deliberately and intentionally been holding onto this debt to accrue interest. They have sent me incorrect documents ( leading me to believe I was the victim of Identity theft and filing a complaint with the FTC ) and neglected to inform me, by law, of my rights. They have failed to provide me with documentation that legally they were obligated to do and have been incredibly difficult and extremely unprofessional to deal with. It is highly questionable to me the business practice of the WLG. That I have never received the most important and relevant copies of documents that would've enabled me to settle this debt eleven years ago is troubling.

I am very frustrated by the incompetence and negligence of the WLG. I would've gladly made arrangements to settle this debt in XXXX if I had the relevant information to do so. Instead there was an attempt to gouge my bank account for over {$8200.00}. The judgement from XX/XX/XXXX was a total of {$4000.00}. 
I am now a XXXX  with XXXX children. My spouse supports himself and XXXX dependents. I have read warnings about this Collection Agency in regards to their tactics and dishonesty when dealing with payments made to debts. For this reason ( in addition to my horrible experience thus far with the WLG ), I am very hesitant to continue dealing with them at all.

Company response to consumer: Closed with explanation