Consumer complaint received 2022-04-23
Company: Spina & Lavelle, P.C.
State: AL
Product: Debt collection
Sub-product: I do not know
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
Dated on XX/XX/XXXX I responded to a letter from Spina and Lavelle posing as an attorney office to collect a debt from XX/XX/XXXX, year of XXXX for a company XXXX XXXX stating I had a loan owing XXXX XXXX {$2700.00} and Spina and Lavelle are trying to collect the debt in the amount of XXXX. I responded asking Spina and Lavelle to validate the debt because I don't owe XXXX XXXX the alleged amount implied in the collection letter. Whatever alleged debt owed to XXXX XXXX is notated on my credit report as a charge off. XXXX XXXX sold the alleged debt to more than one collection agency but it remains on my credit profile as a debt owed to XXXX XXXX. XXXX XXXX wrote off the alleged debt amount on their taxes and received compensation, therefore this alleged debt it is no longer owed by me. Also, alleged original creditor XXXX XXXX sold the information to collection agencies One of debt collectors being Spina and Lavelle who claims they have authority to collect a debt in the amount of {$2800.00} from me which is not valid. I do not owe Spina and Lavelle anything. I do not have a contract with Spina and Lavelle and I never knew Spina and Lavelle existed until receiving this one debt collection letter which I responded to by sending a letter of response to Spina and Lavelle letting them know I dispute the alleged debt and requested they send me validation of proof that I owe them anything. The response to dispute their claim was sent to Spina and Lavelle company mailed via certified mail, 3811 Form and I received the green card back on XX/XX/XXXX which is validated proof they received my response within the time frame notated to respond which was by XX/XX/XXXX on the debt collector letter from Spina and Lavelle as suggested which stated that once they received my dispute all collection attempts would stop until I received validation of this alleged amount of debt they claim I owe. I also have copies of the debt collector letter that was sent to me from Spina and Lavelle and the letter I personally wrote in response requesting for validation of claims alleged in their letter. They did not respond, to my dispute letter, but decided to pursue a garnishment order. As of presently my short term XXXX is being garnished, by Spina and Lavelle as I am off work on XXXX XXXX and have been since XXXX of last year XXXX. When I first became aware of this garnishment, my short term XXXX check came up short, and I was unable to pay my bills. I called Human Resources at my job and asked why was their a deduction from a unknown creditor taking wages from my XXXX check. They responded they got a judgment to garnish my wages, and I asked for the information they had. Problem is, I never received any paperwork from a Sherriff nor by mail to notify me of a pending garnishment. By law I have 30 days to respond to a garnishment judgement, but how can a party to a lawsuit respond without being properly notified of an action. Spina and Lavelle has not responded to my letter for validation of an alleged debt, but instead proceeded to take advantage of an opportunity to violate my rights even further by garnishing my XXXX income. Spina and Lavelle 's blatant disregard to respond to the exercising of my rights to dispute the collection debt letter is a violation of law. Spina and Lavelle completely ignored my dispute letter and failed to respond back to me with any information to substantiate their claim I owe them this alleged debt, before garnishing my XXXX income. I also called spoke to the Clerk of Court in the providence I domicile and asked about this garnishment of my XXXX income because I never, ever received notification of such garnishment and she replied according to her records the garnishment was refiled XXXX XXXX and I was served by a Sherriff on XX/XX/XXXX or XXXX XXXX to an address I have not domiciled in over 7months. I relayed this information to the Clerk of Court that I have not domiciled there in several months nor was I domiciling there at the time of this alleged service of garnishment by Sherriff and this is a mistake. Therefore, whomever the Sherriff served was an unknown resident and he or she did not bother verifying who he or she was serving this alleged garnishment paperwork. The Sherriff is in clear violation of his duty and oath of office by making faulty, fictitious claims to be referenced on filed court documents by stating the person in question was indeed served garnishment paperwork on the date specified to be recorded in the court records. The information recorded on file of a garnishment being served and processed to ( me ) the person in question is a total fabrication and unlawful. I was never served by anyone nor mailed any information of a pursuit of garnishment judgment against me. This whole situation is a direct violation of my civil and human rights. Spina and Lavelle never responded to my dispute letter to collect an alleged debt in the first place, especially not a notice of garnishment. Therefore, my time to respond to an alleged garnishment lawsuit and file a dispute and also an exemption within 30 days was infringed upon and my human and civil rights are being violated. I received only one debt collection letter from Spina and Lavelle with no mention of a garnishment or lawsuit in that letter from Spina and Lavelle, which I have in my possession a copy of such letter. It stated I had until until XX/XX/XXXX to dispute their claims which I did and I received the certified mail receipt back ( green card ) which is proof they received my letter before the day specified XX/XX/XXXX for them to assume that their information is correct. Spina and Lavelle did not respond back. But instead had my XXXX income garnished by XX/XX/XXXX. Also, '' IF '' such claims made by the Clerk were true that I was served garnishment notice by Sherriff on XX/XX/XXXX or XXXX, they are still in direct violation of garnishing my XXXX income before the 30 days were up to answer or respond to the garnishment Therefore, I declare, if I had been properly notified of such actions in pursuit against me, I would have responded expeditiously to a garnishment of my only income which is XXXX for being off work while on medical leave and XXXX income is exempt from levy.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation