Consumer complaint received 2016-08-03
Company: Machol & Johannes, LLC
State: WA
Product: Debt collection
Sub-product: Credit card
Issue: Taking/threatening an illegal action
Sub-issue: Seized/Attempted to seize property

Complaint:
Yesterday my bank accounts as well as my XXXX year old son 's bank accounts were wiped clean from what was claimed to be a " wage garnishment '' from a debt collection agency, Machol & Johannes , LLC. I had received a letter from them XXXX stating that they had filled a claim against me in the Washington Supreme Court and had " summons '' stamped on the letter It went on to say that it was for the plaintiff, XXXX XXXX, for debt that was written off in XX/XX/XXXX. When I received that letter I called the court and asked them if there had in fact been a claim filed against me and I was told there was no claim. I then pulled my credit report- XX/XX/XXXX- to see if there was a XXXX XXXX XXXX on my report. There was not. I called Machol & Johannes , LLC to refute their claim of alleged debt. They stated that it was originally from a XXXX XXXX and that XXXX XXXX had purchased a portfolio of written off debt from a XXXX XXXX. As XXXX XXXX was also not on my credit report, I told them that I had called the court and that there was no claim filed as stated in the letter and that there was no record of any debt they were claiming that fell within the statute of limitations. I questioned if alleged debt was even mine considering I had no record of said credit card, and regardless that they were in violation of the FDCPA. I had absolute defense against alleged debt as it was no longer valid according to Washington States statue of limitations. I did not hear from them again until I received a letter on XXXX XXXX stating that it was in an attempt to collect alleged debt for XXXX XXXX and that I could call The Federal Trade Commission if I wanted to file a complaint about their methods. I did not contact them after receiving that letter since I believed that they had no legal grounds to pursue me, not did I contact the FTC for the same reason. ( The Fair Debt Collection Practices Act is a strict liability statute, and prohibits deceptive or misleading debt collection from the perspective of the least sophisticated consumer. ) On XXXX XXXX, XXXX I was trying to purchase food for my son 's special needs diet and my debt card declined. I immediately check my bank to see that my entire balance including my son 's savings account balanced had been cleared out under a " descriptive withdrawal- XXXX garnishment ''. Bank stated that they received a court order and gave me a number to call. That number lead me back to the debt collector, XXXX XXXX XXXX. LLC. 

My complaint is that Machol & Johannes , LLC are in complete violation of the FDCPA. Their illegal actions have caused a severe hardship on myself and my son. It is directly impacting my ability to work and continue my income. It is affecting my future earnings. It is directly impacting my ability to feed my son. It is directly impacting my son 's health as he in currently under treatment with XXXX XXXX XXXX that I am unable to continue without the funds to do so. It is directly impacting my career, my clients, as well as my financial, emotional, and mental well being. Their illegal actions are having a harmful impact as my son 's mental, emotional, and physical well being. 

My claim that their actions are illegal are based on the following : They threatened to sue me on debt that was too old to sue for. Claimed to have filed a judgment when they had not actually done so yet in the state of Washington. The FDCPA prohibits falsely representing the legal status or character of a debt. I told them to cease and desist yet they went ahead and filed a judgment against me for a debt that well exceeded the statute of limitations. There was no way for them to determine my funds were not exempt and yet they took everything out of my account and my sons leaving me at a {$0.00} balance.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation