Consumer complaint received 2016-07-28
Company: Oak Harbor Capital, LLC
State: TX
Product: Debt collection
Sub-product: Credit card
Issue: Cont'd attempts collect debt not owed
Sub-issue: Debt is not mine

Complaint:
Cerastes LLC XXXX with no legal right to claim a debt, with no legal description of the person owing a debt, no information identifying date debt was created, no filing fee in a court of law, no legal petition or supporting affidavit filed in a court of law, no legal proof of service. Embezzlement using Zombie debt without due process of law defrauded our bank account at XXXX. Cerastes , LLC conspiring with XXXX, Justice of the Peace Court Precinct XXXX XXXX XXXX TX, Attorney XXXX XXXX XXXX and the law firm XXXX XXXX XXXX XXXX. XXXX, TX XXXX and XXXX collection agencies the law firm owns Cerastes LLC XXXX, XXXX XXXX, Dodeka LLC and Pharia LLC by falsely claiming without documentation a Pledge Hold in the amount of {$4500.00}. Fraudulent Wirt of Garnishment Pledge Hold in the amount of {$2800.00}, failing to claim it as a Legal Hold. 

Each of the XXXX parties falsely claimed action was filed in different courts to cover-up their participation if someone investigated they would not find legal action. 

I - Cerastes , LLC, XXXX Role in the Embezzlement In XXXX one of its sister company 's Pharia LLC claimed to file court action in Justice Court Precinct XXXX XXXX XXXX in XXXX XXXX TX,. Did not name XXXX as defendant. 

Facts : 1. There is no Justice Court Precinct XXXX XXXX XXXX in XXXX XXXX TX. 
2. No filing fee paid in a legal court in XXXX XXXX TX. 

In XXXX one of the sister company 's Pharia LLC identified as plaintiff claiming it filed action in Justice Court Precinct XXXX XXXX XXXX in XXXX XXXX TX, Using a different defendant name with a middle initial. 

Facts : 3. There is no Justice Court Precinct XXXX XXXX XXXX in XXXX XXXX TX 4. The law firm XXXX XXXX XXXX XXXX. never sent legal proof of service via certified mail return receipt confirmed this by checking USPS tracking numbers online. 


II - Justice of the Peace Court Precinct XXXX, XXXX XXXX Texas, Role in the Embezzlement The court clerk and XXXX XXXX XXXX Justice of the Peace, Precinct XXXX, XXXX XXXX, TX allowed the law firm of XXXX XXXX XXXX, XXXX. to defraud bank account with XXXX by using its XXXX collection agency firms and false claims of court documents. 

Facts : 3. Writ of Garnishment is fraudulent it states service is to be delivered to authorized agent XXXX in XXXX TX. ( National banks can not use agents for process service ) - No plaintiff listed on the garnishment. No legal I.D . for bank account for garnishment. 
4. XXXX was never sued as defendant or served Writ of Garnishment in a legal court of jurisdiction in XXXX XXXX TX. 


III - XXXX Role in the Embezzlement XXXX never served Writ of Judgment XXXX records claim it is for Pledge Hold an agreement to pay as collateral like on a loan. XXXX mailed a copy ( Not the original customer copy XXXX ) with the account number manually blacked out, claiming jurisdiction filed in the court XXXX XXXX Texas # XXXX. No court exist with this name in XXXX XXXX, TX. 

Facts 3. XXXX XXXX Assistant Banking Center Manager claimed his bank has not received an original copy XXXX of the Notice of Garnishment. 
4. Branch Manager stated he has never seen a hold on Checking/ATM cards, he stated it was done to get our attention. 
5. Branch Manager could not answer why XXXX placed a Pledge Hold ( Not a Legal Hold ) on our checking account in the amount of {$4500.00}. 
6. Branch Manager could not explain why his system did not show the Notice of Garnishment in the amount of {$2800.00}. 
7. Branch Manager could not explain why he could no issue a new Check/ATM card on our account. 

This is a clear case of embezzlement with no legal action filed and conspired with XXXX and Justice of The Peace Precinct XXXX, XXXX XXXX TX.

Company response to consumer: Closed with explanation