Consumer complaint received 2021-07-31
Company: HUELSON LAW FIRM, LLC
State: MO
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
I, XXXX XXXX XXXX engaged in a lease agreement with Landlord XXXX XXXX/ XXXX XXXX XXXX XXXX XXXX  on XX/XX/2021 as shown in ( Exhibit 1 ) which is null/void. Before I became aware of my consumer rights under the FDCPA ( 15 USC 1692 ) I paid a down-payment of {$940.00} on XX/XX/2021, {$40.00} for application fee on XX/XX/2021, payment of {$310.00} for pets on XX/XX/2021, and payment of {$960.00} on XX/XX/2021, which an additional fee of {$16.00} for renter 's insurance, totaling amount of {$3200.00} as shown in ( Exhibit 4 ). 

After XX/XX/2021 I exercised my rights under the ( FDCPA ) to XXXX XXXX/ XXXX XXXX XXXX XXXX, XXXX several times regarding the violations, verbally and written cease and desist letters and unrebutted notarized " under the penalty of perjury '' affidavit of truth letters. Also, I notified XXXX XXXX/ XXXX XXXX XXXX XXXX XXXX  , to send me back the payments I made pursuant to ( 15 USC 1692h ) which states - " If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumers directions '' and, I still received no response from XXXX XXXX/ XXXX XXXX XXXX XXXX XXXX. 

On or Around XX/XX/2021, XXXX XXXX/ XXXX XXXX XXXX XXXX XXXX  , sent me a demand for payment of rent as shown in ( Exhibit 5 ), which is a direct violation of FDCPA laws, one for example - ( 15 USC 1692c ( c ) ) which states - '' If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt. 

On or Around XX/XX/2021 Attorney XXXX XXXX XXXX representing XXXX XXXX XXXX XXXX XXXX XXXX XXXX  filed an " petition for rent and possession '' as shown in ( Exhibit 6 ) in ( THE XXXX  CIRCUIT COURT OF XXXX COUNTY , MISSOURI ) that said " THIS COMMUNICATION IS FROM A DEBT COLLECTOR ''. which is another direct violation of ( 15 USC 1692e ) which states - " A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt '' considering the alleged debt was in a positive balance. Also, a direct violation ( 15 USC 1692e ( 4 ) ( 5 ) ) which states - " ( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken. However, with ignorance of the law, Judge XXXX XXXX XXXX granted the motion which summons me to a hearing on XX/XX/2021 at XXXX, which I tried to get removed from state court to federal court for " lack of jurisdiction '' in court case number XXXX that XXXX XXXX XXXX denied , which I have appealed and is currently in ( XXXX  CIRCUIT COURT OF APPEALS ) . 

On my appearance in court, which I was summons for and had to take off work for on XX/XX/2021 XXXX, Judge XXXX XXXX XXXX XXXX attorney XXXX XXXX XXXX XXXX " MOTION TO STRIKE '' my counterclaim, as shown in ( Exhibit 7 ) which clearly states the violations of the ( FDCPA ) and how XXXX XXXX/ XXXX XXXX XXXX XXXX XXXX falls under the FDCPA for wrong doings. Furthermore, Judge XXXX XXXX XXXX granted judgment for XXXX XXXX/ XXXX XXXX XXXX XXXX XXXX  alleging me to pay damages, plus attorney and lates fees, totaling {$4700.00} as shown in ( Exhibit 8 ) " JUDGEMENT ON LANDLORD/TENANT PETITION '' with appeal bond, which is a direct violation of ( 15 USC 1692e ( 6 ) ( A ) ( B ) ) which states - " ( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. 
. 

After final judgment by XXXX XXXX XXXX, I was giving 10 days to appeal the case or vacate the property for eviction, as shown in ( Exhibit 8 ). To concluded, to my overstanding Congress just extended the eviction moratorium until the end of XXXX on XX/XX/2021 so, 10 days for eviction could not be possible for wrongs doings.

Company response to consumer: Closed with explanation