Consumer complaint received 2017-05-17
Company: Rausch, Sturm, Israel, Enerson & Hornik, LLP
State: TX
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Complaint against :   XXXX   XXXX    XXXX  &  Debt  Collector- XXXX   XXXX , Attorney At Law,  XXXX   XXXX   XXXX   XXXX ,  XXXX   XXXX ,  XXXX  TX  XXXX  (  XXXX  )  XXXX   Rausch, Sturm, Israel, Enerson & Hornik LLC  On  XXXX   XXXX ,  XXXX , I noticed an error on my  XXXX  credit report. An erroneous bad debt was noted for  XXXX   XXXX   XXXX  for approximately {$8000.00}. I immediately submitted an online dispute of the charge and it was subsequently removed. I received no other notification at that point.      XXXX   XXXX ,  XXXX  I received a letter from  XXXX   XXXX   XXXX   XXXX   XXXX   Debt relief attorneys offering their services for a " Register of Actions '' filed with the  XXXX   XXXX , Texas  Court  with Judici al Officer   XXXX   XXXX . The " copy '' of th e Register of Action referred to  case no.  XXXX . It stated it was  Plaintiff 's Original Petition for Discovery an d stated that I was cited, but unserved on  XXXX / XXXX / XXXX . No additional information regarding my account was in this copy of the " action. '' The plaintiff attorney was listed as  XXXX   XXXX  at the address above. Suspicious of the advertisement for   XXXX   XXXX   services, but alarmed, I contacted the Plaintiff attorney listed as  XXXX   XXXX  at  XXXX   XXXX   XXXX   XXXX . I provided the Case number on the document I received and was told no one could locate my information and I needed a " file number. '' I told them I had no file number, but that it was regarding a  XXXX   XXXX   XXXX  account. I made multiple attempts to reach a different person at their organization that could help me, to no avail. I provided my name and all other pertinent information. I SPECIFICALLY ASKED MULTIPLE TIMES FOR PROOF OF MY DEBT AND/OR A COPY OF THE LOAN AGREEMENT I SUPPOSEDLY SIGNED. They said they had no file for me. I thought it very suspicious that they were suing me, but could n't locate any information about me. I then called  XXXX   XXXX   XXXX  multiple times over the course of several days. I had an account in the past with them that was assumed by my former spouse as a part of our divorce settlement. My ex-wife had said that the account was paid off. I provided all of this information to the  XXXX   XXXX   XXXX  representative. She did find an account under my name, but said that they no longer had it and provided me the toll free number for the  XXXX  attorney. I asked her for a copy of the loan agreement for the loan with their company or a file number associated with my account. She said she could n't help me and to call the attorney. Alas, she could provide me no details about the account at all and simply referred me to the attorney. I contacted the attorney again who asked for my file number and said they could n't help me without it.     At this point I assumed that this was not a valid attempt to collect a debt and that it must be a clerical issue. I based this on the fact that the disputed record was removed from my credit report with   XXXX   and neither  XXXX   XXXX   XXXX  or the collection attorney could provide me with any information or even show they had a record of my account.      XXXX   XXXX ,  XXXX  : At  XXXX    XXXX   a gentleman with no official identification or apparent association with any law enforcement or legal agency came to my home and " served '' me with a citation regarding  Cause No.   XXXX   XXXX   XXXX    XXXX   XXXX   XXXX   XXXX   XXXX  Vs. my name. The man represented himself only as a courier and none of the documentation I received identified him. The document had a handwritten date written and crossed out and then that date written in.     The citation gave notice of a lawsuit filed with  XXXX   XXXX   XXXX   XXXX   XXXX ,  XXXX , TX.  XXXX   XXXX   XXXX   XXXX   XXXX . The notice lacked the official stamped seal and did n't look official and was not served to me in the manner expected of a legal notice. It stated that I have 20 days to respond to the discovery request on the front page, but says 50 days inside. Also, it states that exhibit A is a copy of a loan agreement. I was not provided with a copy of this document and, furthermore, I have requested it multiple times and was told it could n't be provided. I am aware of my rights to receive proof of this debt.     Facts : I obtained a loan from  XXXX   XXXX   XXXX  approximately 8 years ago. My account was open at the time of my divorce on  XXXX   XXXX ,  XXXX . In my decree, my ex-wife assumed responsibility for the account balance of {$2500.00}. She also assumed rights to our home that was currently financed and deeded in my name only. She was given 12 months to get the home in her name. She was provided a limited power of attorney to conduct business necessary to get the home in her name. I was told that the  XXXX   XXXX   XXXX  account had been paid. The home ownership transfer was completed in  XXXX   XXXX . She stated to me that she had to take out a loan to buy new carpet for the house. She did n't provide any details or information. I made no assumption that this would have been in my name as our divorce was final and she had assumed all rights and responsibilities associated with our home. I think the personal loan we had through  XXXX   XXXX   XXXX   may have h ad a lien associated with our home, but this was all left to her responsibility. The limited power of attorney she had was limited to use for transfer of the home. It would not have included extending or acquiring any debts in my name. I share this information because I have reason to believe that the account in question  may  have fraudulently been extended without my knowledge, authorization or signature. My ex-wife has dismissed any requests I have made for information. In the information provided to the court by  XXXX   XXXX   XXXX , it states that I entered into a contract with them on  XXXX   XXXX ,  XXXX  for a credit. They have been unable to provide an account number for this loan. They state that a payment was made on  XXXX   XXXX ,  XXXX  and then defaulted. They also state that the account was closed unpaid on  XXXX   XXXX ,  XXXX . I have not received any correspondence from the creditor or collector until the  XXXX  solicitation from  XXXX  mentioned above.     I am not responsible for this debt. This debt collecto r ( Rausch, Sturm, Israel, Enerson & Hornik LLC )  is using threatening tactics to attempt to extort money from me without providing any proof that it belongs to me. They have not been able to provide any information whatsoever regarding this debt. Either it is a bookkeeping error on the creditor 's part or the debt was incurred fraudulently in my name by the loan originator and/or my ex spouse. She has not been willing to share any information to assist me in clearing up this issue. She simply states that it was paid.     I would like to dispute this debt. I am filing a complaint with the  XXXX   XXXX     XXXX   XXXX    in   XXXX   XXXX    TX against the loan originator and my former spouse alleging identity theft and fraud. I believe the limited power of attorney could have been used beyond its authorization and her signature on my behalf would be void, the loan originator and my ex spouse colluded in defrauding  XXXX   XXXX   XXXX , or the loan has been paid and the basis for collection is false. The dates associated with the loan provided to  the County Court  seem to align with the dates of the transfer of my home to my former spouse. This does raise my suspicion as to the circumstances. It could be construed that the amounts would seem to align with the payment of the previous balance assumed by her in our divorce decree with an extension and additional loan to cover the cost of the flooring required by the lender for her to get the loan for the house in her name. The dates of this contract are 12 months after our divorce was final.     I would like to receive proof of the debt :  1.  Specifically a copy of my signature on the loan agreement dated  XXXX   XXXX .     I absolutely was not a party to this contract and any signature was made fraudulently via outright forgery or was made outside the parameters of the authority of an authorizations made to my former spouse. At this point I am really just conjecturing as to all of this because  XXXX   XXXX   XXXX  and the attorney have not been able to provide me any information of any kind including account numbers or even the information provided in the legal notice. The very people they say to call ca n't even find my information.     2. I would like to receive proof that the funds were ever distributed. I did not receive the proceeds of the loan in question. The loan originator should be able to determine to whom they were released and ascertain that they were not provided to me or anyone on my behalf.     I appreciate your assistance in clearing up this issue.     I intend to provide a copy of this complaint to the  XXXX   XXXX    XXXX   XXXX   alleging fraud, to the FTC for potential identity theft, will copy the Attorney and   XXXX   XXXX   XXXX   and all of this will be provided to the  XXXX   XXXX ,  TX County Cl erk. I will also be notifying all   XXXX   major credit reporting agencies of this error and potential identity theft and fraud.

Company response to consumer: Closed with explanation