Consumer complaint received 2022-07-08
Company: Pollack & Rosen, P.A.
State: MI
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you in a state where you do not live or did not sign for the debt

Complaint:
My wife and I separated in XXXX of XXXX. She moved to Michigan while I stayed in Florida and attempted selling our jointly owned home, which I sold in XXXX of XXXX. She moved to Michigan in XXXX of XXXX. In XXXX of XXXX, XXXX XXXX Bank began sending collection letters to my mother 's address in Florida for my wife 's credit card bill. My wife has never lived at my mother 's address, has never had an ID with that address, and has never given that address to any company or person. I have also never had an ID with that address, nor have I lived at that address, nor was I an account holder on my wife 's credit cards. A law firm by the name of Pollack and Rosen of XXXX XXXX, Florida, started calling my mother 's home phone and asking for my wife. They would call as late as XXXX XXXX, multiple times per day, and harass my XXXX year old XXXX  mother about my wife 's debt all while also sending letters to her home address. My mother was getting letters simultaneously from XXXX XXXX and Pollack and Rosen concerning a debt they felt they had with my wife. On several occasions, I contacted XXXX XXXX and tried to get them to tell their lawyers to stop sending letters about my wife 's debt to my mother. Yet, they refused to help me because this account was not mine, it my wife 's ... And since we were separated, I could not put her on the phone for them to talk to. Since they couldn't verify me as an account holder, they refused to talk to me and refused to stop sending letters to my mother 's home. So, the letters and calls from their lawyers continued. I attempted to contact Pollack and Rosen law firm, but was told that until my wife called them, they would not help me. I repeatedly told the lawyers office of Pollack and Rosen that they were in violation of the FDCPA, under Subsection A and B, as well as section 1692g and their response was the following : " Thank you for the information but unfortunately we would need to speak with the account holder before we can fulfil your request... '' Along with " it is really not that complicated " ( Screenshot of email attached ) I feel as though the law firm of Pollack & Rosen have also violated the FDCPA by suing my wife in Florida considering the credit card was signed up for in Michigan and she currently lives in Michigan. They sued her almost a year after she moved from Florida to Michigan and instead of doing their due diligence and finding that she updated her License and Address through the Michigan Secretary of State, they sued her from across the country and sent the only correspondence to the debtors elderly mother in law. Those are shocking statements, but those are the facts and can be easily proven with a picture of my wife 's ID that shows the issue date, along with the credit card terms and conditions, which were signed by my wife, with me as a witness, when I was a Federally Licensed Loan Originator with full NMLS accreditation in XXXX, Michigan in XXXX. Also, per section 1692g of the FDCPA, " a collector must File a lawsuit in a proper venue. If a debt collector chooses to file a lawsuit, it may only be in a place where the consumer lives or signed the contract. [ 32 ] ''. I have copious amounts of recorded calls that can be subpoenaed from XXXX  XXXX, I have in writing via email Pollack and Rosen refusing to adhere to Subsection A and B of the FDCPA, I can obtain issue dates of my wife updating her address with the State of Michigan, I have records of all of this that can be shown in court if need be. These violations have caused my family a tremendous amount of stress and I want to see that Pollack and Rosen and XXXX XXXX are held accountable for their violations of the FDCPA.

Company response to consumer: Closed with explanation