Consumer complaint received 2016-07-28
Company: The Leviton Law Firm, Ltd.
State: FL
Product: Debt collection
Sub-product: Other (i.e. phone, health club, etc.)
Issue: Communication tactics
Sub-issue: Threatened to take legal action

Complaint:
XXXX hired the Leviton Law Firm to contact us regarding a large bill that has been in dispute since XXXX, 2015. XXXX has not made any attempt to work with me to get the billing corrected. Today we received the following first contact email from XXXX XXXX, Sr Acct Exec from Leviton : In the event there is litigation, our client will attempt to recover not only the full amount of the account, but also, if applicable, all accrued interest, applicable court costs, attorneys ' fees, and other expenses, including but not limited to deposition costs and citation fees. We also feel obligated to advise you that, in the event a judgment is awarded in our client 's favor, our client would look for evidence that would pierce your corporate entity veil, and enter litigation against you personally and all other potential principals, successors and affiliates. In doing so, our client would look at the comingling of the business assets with those of the individual principals. Additionally, our client would examine the reality of the corporate existence as evidenced by the keeping of minutes and other corporate records. Our client would explore the possibility of an obvious inadequacy of working capital, and would also determine the number of non-functioning officers and/or directors. The possibility of non-payments of dividends would be investigated, possibly coupled with payment of substantial salaries or other forms of payments to dominant shareholders. Our client would also look at all of your expenses to determine if your business was paying your personal expenses, such as excessive meals, travel, cell phone bills and automobile expenses and the legitimacy of employment of family members. Our client will seek Attorneys ' Fees against you for having to engage in any post judgment proceedings. 

In the event a judgment is entered against you, our client will engage in every method of post judgment remedies to recover the amounts owed. This will include, but not be limited to, the freezing of accounts, debtor examinations, levying against your real and personal property, and filing citations against any and all parties you transact business with. Our client will trace funds and if our client finds that you have transferred assets in violation of Fraudulent Conveyances Act, it will seek to have these assets re-conveyed to you and sold to satisfy the judgment. If you are directly involved in another business which is not in your name, our client will investigate the business thoroughly and seek to have the business re-titles in your name and sold to satisfy the judgment. Our client will record a Memorandum of Judgment against you and it will negatively affect your credit, making it more expensive and difficult for you to borrow money. 

I perceive this has a direct threat without the company knowing what issues we have had with XXXX. It is a direct threat to the owners themselves, professional and personally and is against the CFPB laws.

Company response to consumer: Closed with explanation