Consumer complaint received 2020-03-20
Company: AMERICAN EXPRESS COMPANY
State: CO
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
1 ) The original account was reported on my credit report by American express 2 ) When I was notified of the account from American express they were closing my personal account, I learned that it was linked to this unknown account and actually caused the closing of my actual personal account. I then filed a report with the FTC and the local police. 
3 ) I reported this account along with others to both American express, other credit card companies, and the credit bureaus. 
4 ) American Express actually immediately resolved and removed the other account, but despite my reporting as identity theft, they would not remove it. 
5 ) I disputed this account with XXXX  using my paid identity theft monitoring service who notice American express. 
6 ) American express stated the payment was made out of one of my accounts. Of course, it was, My Identity was stolen and my computer and online accounts were compromised. This resulted in multiple unauthorized payments on cards and accounts. 
7 ) The account was transferred to XXXX XXXX XXXX  in Colorado. I redisputed all of the same information. Once again they stated that I had made a payment out of a personal bank account therefore I was responsible. I never authorized any payments and my accounts were all hacked. 
8 ) XXXX XXXX  XXXX  continued to report this account as past due instead of identity theft despite all documentation. 
9 ) XXXX XXXX  XXXX  filed suit on behalf of American Express. 

10 ) XXXX XXXX  : XXXX VIOLATED MY 14th AMENDMENT CONSTITUTIONAL RIGHT TO DUE PROCESS via improper service of process. The process server fraudulently represented the completion of service by stating that he served my " sister in law ''. I do not have a sister in law. I did not recieve the subpeona on time for the hearing. I located a letter that stated there was a hearing on that date in the morning. The law firm confirmed they were suing me despite me stating I was not properly served. 
11 ) I informed the firm they were acting in bad faith and that I was not properly served and their process server had made a false representation. The Attorney for the Plaintiff did not show up for the same hearing I missed at XXXX. 
12 ) i filed a motion for improper service, asking for proof of service and verification of identity as I have no relationship to the person and never received the documents. 
13 ) I notified the card company and collection agency multiple times this was a fraudulent account. I provided all of the required documentation. 
14 ) I notified the attorney they were violating my due process rates and acting in bad faith. They did not care and filed for default judgment anyway. 
15 ) They have since garnished wages and caused me to not be able to get loans. 
16 ) This is either a complaint of a violation of due process or of a malicious prosecution on behalf of American Express, XXXX XXXX XXXX, and their process server. 
17 XXXX XXXX XXXX XXXX XXXX  filed this lawsuit and asked for summary judgement in bad faith. They knew the debt was not valid, they knew that had not provided proper service, nor provide me with the opportunity to defend myself and they chose to file for the summary judgement despite my complaints. 
18 ) They have continued reporting the account despite me Identifying it as identity theft. 
19 ) They began garnishing my account despite me telling them I had been fraudulently served. 

This law firm denied my right to due process when their process servicer made fraudulent representations to the court that he had delivered the subpoena to my Sister In Law Who does not exist. The judge summarily denied this motion without asking for any proof or verification. The XXXX XXXX  XXXX  knew this violation occurred and still chose to file for summary judgement instead of providing the opportunity to reschedule the hearing. 

The law firm used the court to deprive me of property, knowing they had violated multiple due process rights. This resulted in them causing me extra harm than just a standard due process violation. As a result, I believe this is a serious infraction that should result in a malicious prosecution suit for constitutional rights violations as well as any of penaltys the attorney is subject to.

Company response to consumer: Closed with monetary relief