Consumer complaint received 2016-01-17
Company: Andreu, Palma & Andreu, PL
State: FL
Product: Credit card
Issue: Arbitration

Complaint:
I have recently had a Writ of Garnishment attached to my bank account from a past debt that totaled {$1500.00} a debt that I maintained in good faith since my initial court hearing. I had lost my job for two years, but still made lower monthly payments that were approved. Recently, after FIVE years of collecting my payments, the Law Offices of Andau, Palma, and Andeu decided this was not ample. I have not HEARD a thing from them in five years as they cashed my checks. Yet, on XXXX XXXX, XXXX they sent a " Lawful Motion '' to freeze my accounts. A motion that I was not asked for ANY proof that I was making payments. In other words, they could do this at their whim whenever they deemed appropriate. 
What type of American Court System approves such laws? Does this system protect the plaintiff only? Or is this an unethical conglomerate decision for big law firms to make money? The court does not even have to recognize the defendant when issuing this legal proceeding? I am shocked and disgusted. 
I now have in place a Motion to Dismiss the " Writ of Garnishment '' that has been placed on my bank account. I also requested a hearing to counter-sue for punitive financial damages due direct results of this action. I, who have XXXX dependents, can sign an exempt sheet for an emergency hearing. But the plaintiff, according to FL state law, has 10 days to respond. During this time I have no rights, money, or food. But the law firm does. How can this be? 
This has been an unlawful judication on their part and signed by the XXXX XXXX court system. I question how the court system could put in place such a judgement without checking with the defendant to see if the payments have been made. I have been paying the Law Offices of Andreu, Palma, and Andretti faithfully since XXXX/XXXX/XXXX. 
I have proof through a payment summary. This copy is sent EACH time a payment is made to the office because I was never sent any type of payment verification. This gives them a credible document to see my account action. 
Shortly after the initial hearing of XXXX, I received a Settlement Stipulation from The Law Office. It listed all the demands and asked for my signature. I refused to sign it stating I 'm losing my job in a couple of months and need to renegotiate the payment terms. I did make XXXX full payments before I had to renegotiate. In XXXX I did get to speak to a representative that agreed to the {$15.00} payment due to my circumstance. After receiving XXXX notices of nonpayment despite paying {$15.00} for several months, I became frightened. I called 25 times, but received no answer. On XXXX/XXXX/XXXX I finally left the following message ( copy XXXX payment plan noted ). " I 've tried to call you many times and have yet to receive an answer. You did call once and I 've repeatedly called back, but I can not reach you. Should this end up in court, I want to ensure I am doing the best I am able. I continue to send {$15.00} even though I 'm on unemployment. '' I enclosed my copy and faxed back to the Law Office but received no notification. 
Despite making payments continually, a Final Summary Judgment was signed by the XXXX County Courts was filed in XXXX XXXX. I have proof of payments, but this judgment was filed anyway giving the corporation a levy to add more fees on my case. I can see now why they never answered my phone calls they were filing this motion despite my attempt of repayment that was approved. 
Due to being unemployed for two years, I had to borrow money to pay the Law Office to keep up good faith. I have XXXX and XXXX which cause me issues in the work environment. Nonetheless, I sent XXXX check for {$30.00} every other month, which I had to borrow, when a payment was due. THIS WAS CAREFULLY LABELED ON THE PAYMENT SUMMARY SHEET SENT TO THEM EACH MONTH. 
Since XXXX/XXXX/XXXX The Law Office has faithfully cashed my checks. My last correspondence

Company response to consumer: Closed with explanation