Consumer complaint received 2019-08-26
Company: WAKEFIELD & ASSOCIATES, INC.
State: CO
Product: Debt collection
Sub-product: Medical debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you without properly notifying you of lawsuit

Complaint:
I am being garnished for debts I do not owe. I have tried several times to explain this to Wakefield and Associates, as well as the courts. Absolutely no one is wanting to listen to me. The courts denied me a chance to explain in court and now I am here hoping to get a resolution. 

XX/XX/XXXX, I received a notice through my employer that my paychecks were being garnished. I had no knowledge of owing any debts and requested to know why I was being garnished. My employer provided me court documents for a garnishment from Wakefield and Associates, that had very little information as to what debts I am being garnished for. 

I immediately contacted Wakefield and Associates to request information as to why I was being garnished. After several calls and email requests, I received no information and continued to be garnished. So I quit my job and went to another employer. I never heard from them again, yet I have been employed for the last 2 years. 

Fast forward to now, XX/XX/XXXX, and I am back at the same employer I was getting garnished from back in XX/XX/XXXX. Wakefield and Associates have once again taken me to court to get an updated judgment against me and sent it to my employer, without even notifying me of the court date or the judgment. 

XX/XX/XXXX I received documents in the mail from XXXX stating that I have a judgment against me from Wakefield and Associates. Stated that the judgment would start on my next paycheck. Once again, Wakefield and Associates have somehow managed to take me back to court, get yet another judgment against me, and I have no knowledge of this at all or served papers stating that there is even a court date set for me. 

Back in XX/XX/XXXX, the address that they listed on the judgment was inaccurate for me. I was no longer at that address and have not lived there since XX/XX/XXXX, so there is absolutely no possible way Wakefield and Associates delivered a summons to me at that address to properly notify of a court date. The judgment dated XX/XX/XXXX has an accurate address listed for me, therefore, I am really confused as to why no one showed up to serve me papers for the XX/XX/XXXX court date. 

How is this legal? How can a debt collections company legally garnish someone's wages without properly notifying them of the said debt owed? 

Per the FTCB, 808 : Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. 

The amount that is being garnished is way more than what Wakefield and Associates state is the original debts owed. 

On XX/XX/XXXX, I sent Wakefield and Associates a certified letter requesting the validity of said debts, as XX/XX/XXXX was the first time I ever heard of the debts through the garnishment. They in return sent me word documents, which is not the validity of debts. Collection agencies are required to provide consumers documentation showing that they are in fact the original company assigned the debt by the original creditor. They have failed to provide me with that information and I have requested it. 

XX/XX/XXXX, XXXX, XXXX, and the XXXX were all dates I sent letters to Wakefield and Associates, with no reply with accurate information. 

I informed Wakefield and Associates that I did not owe the debts they are garnishing me for. I sent them documentation proving I did not owe the debts and they refuse to update their records! How is this legal? 

On top of me sending them the documentation that I do not owe the debts, I also informed them that the information they sent me on a word document was incorrect. They reported an address for one of the debts, that I never lived at and XXXX of the other debts was reported at an address I had not lived at yet, therefore, I am confused. 

After the XXXX XXXX  data breach, I went through my credit report and disputed debts that I had no knowledge of and was unsure of, they were part of those debts and were removed from my credit report as invalid. Yet, here we are. 

Please help me get a resolution, as this is illegal collection practices! I have attached all of my communication with Wakefield and Associates, as well as the unprofessional " validity of debt '' they sent me. 

Thank you!

Company response to consumer: Closed with explanation