Consumer complaint received 2016-03-25
Company: OLIPHANT FINANCIAL, LLC
State: CA
Product: Debt collection
Sub-product: Other (i.e. phone, health club, etc.)
Issue: Cont'd attempts collect debt not owed
Sub-issue: Debt resulted from identity theft

Complaint:
pOn XXXX/XXXX/XXXX had a car accident my car was total & my insurance issue a check for {$10000.00} on XXXX/XXXX/XXXX I deposit the check in my bank acc. on XXXX/XXXX/XXXX and next day XXXX/XXXX/XXXX I check my accounts & they were in XXXX even my children accs. since I work as a banker in the same bank XXXX XXXX I was able to find out what happened to my accs. they told me that a collection company named XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX filed a Levy in my name for {$32000.00} exactly XXXX '' after I deposit my check. After work I went to the XXXX Police Station to file a Police Report. On Monday XXXX/XXXX/XXXX I called XXXX XXXX at XXXX enquiring about why they levied my accounts, they told me that the address they have for me at the time of the judgment was XXXX XXXX XXXX XXXX XXXX XXXX CA ( I have never lived at that address , County or City ) & that was about a debt of {$9800.00} from XXXX XXXX ( I have never buy something from XXXX XXXX, this store went Bankruptcy on XXXX ) I told them that I have filed a Police report, they told me to send a copy of Police report & that they will removed the judgment. On XXXX/XXXX/XXXX send Police report # XXXX & some copies of my credit report from XXXX to XXXX to XXXX XXXX XXXX fax # XXXX same day talked to a supervisor XXXX XXXX ext XXXX she said that she will call me back on XXXX/XXXX/XXXX which she never did. I filed a complaint with FTC, hired an Attorney, filed an exemption to Sheriff in XXXX for wage garnishment, money in the bank & safe deposit box that they have seized. They seized {$11000.00} from my accs. {$970.00} from wages & my safe deposit box. Before this occurrence I never new and never received any notification of any XXXX or Judgment from this company or their attorneys, I do have an excellent Credit & since XXXX I being monitoring my credit, my credit report have never showed a Judgment or any account from XXXX XXXX. After all this I found out that Oliphant a collection company filed a judgment in my name on XXXX the basis of the judgment is a debt with XXXX XXXX, but the only documents that they used to filed the judgment is a credit application that shows my information but the signature and the ID number is different than my ID #. There is not contract or any receipt that shows any purchase of furniture from XXXX, they do n't have one & they ca n't produce one because does n't exist. The judge signed them a judgment with not contract ( a judgment is a product of a breach of contract ) only a fraudulent credit application. I being twice in court as a ex-parte but they Attorneys have never showed up & judge always defend them & have n't set aside Judgment ( is the same judge that signed this illegal judgment ) On XXXX/XXXX/XXXX went to court again first with the same judge of the judgment, they did n't showed up judge did n't grant me to set aside judgment as a ex-parte he want me back on XXXX/XXXX/XXXX, but I went with other Judge for the wage garnishment the same day and Judge was upset & asked the Attorney if his firm was fighting my allegation or if his firm ever considered Identity Thief & why they never showed up with the other judge, his answer was that he did n't know & also did n't know that they were collecting from me. This judge stop wage garnishment until we go to next court date on XXXX/XXXX/XXXX. I have never applied or buy anything from XXXX XXXX, I being calling this people send the application back to them from FTC ( FTC contacted them about my complain ) & proof or Identity thief on XXXX/XXXX/XXXX they have never stop collection as they promised or replied back to my faxes or ever return my multiples phone calls I had made to them. I 'm taking XXXX medication, I 'm not able to replace my car & what they left me after wage garnishment is not enough to pay my necessities of life, I being using my credit to pay for food and bills.

Company response to consumer: Closed with explanation