Consumer complaint received 2022-02-08
Company: Andreu, Palma & Andreu, PL
State: FL
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
I AM PUTTING THE CFPB AT NOTICE THAT I HAVE NEVER SIGNED AN AGREEMENT OR CONTRACT WITH THE XXXX XXXX XXXX XXXX XXXX OR THE FIRM THAT IS ACTING ON BEHALF OF SAID COMPANY WHICH IS A THIRD-PARTY DEBT COLLECTOR. THIS IS A DUPLICATE ACCOUNT AND THIS FIRM IS ATTEMPTING TO COLLECT A DEBT THIS IS NOT OWED. THEY ARE ATTEMPTING TO COLLECT {$1700.00} THROUGH LITIGATION. THE SYMBOL $ IS NOT DEFINED BY ANY LEGISLATION THEREFORE I CAN NOT UNDERSTAND WHAT SPECIES OF PAYMENT ARE THEY REQUIRING FOR PAYMENT IF I WAS FOUND LIABLE FOR THIS ALLEGED DEBT AND IS VIOLATION OF 15 1692e ( 2 ). I HAVE SENT A REGISTERED MAIL LETTER AND THE RECEIVED DATE XX/XX/2022 # XXXX TO ASK FOR PROOF OF CLAIM TO VERIFY THE DEBT AND A POINT BY POINT REBUTTAL TO MY SIGNED AFFIDAVIT WHICH THEY HAVE FAILED TO RESPOND TO WITHIN 14 DAYS. 

According to the Fair Debt Collection Practices Act, codified as 15 USC 1692, you, as a Debt Collector are required by federal law to verify with the physical original written and signed consumer contract on recording, related to the account you are attempting to collect on. Otherwise, anyone paying for your Debt Collection services could fax, mail or email in a fraudulent account. 

Your failure to verify* this account is a trespass on right to privacy and to contract. Under the FDCPA, unverified accounts are considered a Fictitious Obligation and any demand for payment of such is an attempt to extort and administer property without right.

# # Definitions and Points of Authority # # ( pursuant to Federal and/or State rules of evidence, rules of procedure and FDCPA/15 USC 1692 ) Federal Rules of Evidence 1001 ( a ) A writing consists of letters, words, numbers, or their equivalent set down in any form. 
( b ) A recording consists of letters, words, numbers, or their equivalent recorded in any manner. 
( d ) An original of a writing or recording means the writing or recording itself or any counterpart intended to have the same effect by the person who executed or issued it. For electronically stored information, original means any printout or other output readable by sight if it accurately reflects the information. An original of a photograph includes the negative or a print from it. 

Rule 1002. Requirement of the Original An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise.

18 U.S. Code 514 - # Fictitiousobligations ( a ) Whoever, with the intent to defraud ( 1 ) draws, prints, processes, produces, publishes, or otherwise makes, or attempts or causes the same, within the United States ; 28 U.S. Code 1746 - Unsworn declarations under penalty of perjury Wherever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, # verification, certificate, statement, oath, or affidavit, in writing of the person making the same ( other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public ), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form : ( 1 ) If executed without the United States : I declare ( or certify, verify, or state ) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on ( date ).

( Signature ).

( 2 ) If executed within the United States, its territories, possessions, or commonwealths : I declare ( or certify, verify, or state ) under penalty of perjury that the foregoing is true and correct. Executed on ( date ). 

( Signature ).

15 U.S. Code 1692c ( a ) **Communication with the consumer generally **Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt 15 U.S. Code 1692 e ( 2 ) The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.

15 U.S. Code 1692i - Legal actions by debt collectors ( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors.

THIS FIRM IS ATTEMPTING TO COLLECT AN OBLIGATION OWED TO UNITED STATES AND THEY DON'T HAVE THE AUTHORITY TO COLLECT.

# # Definitions and Points of Authority # # 18 U.S. Code 8 The term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps.

31 U.S. Code 3123 ( a ) The faith of the United States Government is pledged to pay, in legal tender, principal and interest on the obligations of the Government issued under this chapter.

.S. Code 31 U.S. Code 3718 - Contracts for collection services ( a ) Under conditions the head of an executive, judicial, or legislative agency considers appropriate, the head of the agency may enter into a contract with a person for collection service to recover indebtedness owed, or to locate or recover assets of, the United States Government. The head of an agency may not enter into a contract under the preceding sentence to locate or recover assets of the United States held by a State government or financial institution unless that agency has established procedures approved by the Secretary of the Treasury to identify and recover such assets. The contract shall provide that ( 1 ) the head of the agency retains the authority to resolve a dispute, compromise a claim, end collection action, and refer a matter to the Attorney General to bring a civil action ; and ( 2 ) the person is subject to ( A ) section 552a of title 5, to the extent provided in section 552a ( m ) ; and ( B ) laws and regulations of the United States Government and State governments related to debt collection practices.

( b ) ( 1 ) ( A ) The Attorney General may make contracts retaining private counsel to furnish legal services, including representation in negotiation, compromise, settlement, and litigation, in the case of any claim of indebtedness owed the United States. Each such contract shall include such terms and conditions as the Attorney General considers necessary and appropriate, including a provision specifying the amount of the fee to be paid to the private counsel under such contract or the method for calculating that fee. The amount of the fee payable for legal services furnished under any such contract may not exceed the fee that counsel engaged in the private practice of law in the area or areas where the legal services are furnished typically charge clients for furnishing legal services in the collection of claims of indebtedness, as determined by the Attorney General, considering the amount, age, and nature of the indebtedness and whether the debtor is an individual or a business entity. Nothing in this subparagraph shall relieve the Attorney General of the competition requirements set forth in division C ( except sections 3302, 3501 ( b ), 3509, 3906, 4710, and 4711 ) of subtitle I of title 41.

31 U.S. Code 3718 ( 6 ) Notwithstanding the fourth sentence of section 803 ( 6 ) of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692a ( 6 ) ), a private counsel performing legal services pursuant to a contract made under paragraph ( 1 ) of this subsection shall be considered to be a debt collector for the purposes of such Act.

28 U.S. Code 3002 - Definitions ( XXXX ) Counsel for the United States means ( A ) a United States attorney, an assistant United States attorney designated to act on behalf of the United States attorney, or an attorney with the United States Department of Justice or with a Federal agency who has litigation authority ; and ( B ) any private attorney authorized by contract made in accordance with section 3718 of title 31 to conduct litigation for collection of debts on behalf of the United States.

Company response to consumer: Closed with explanation