Consumer complaint received 2018-11-30
Company: Credit Management Services, Inc.
State: NE
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
It is imperative that consumer ( XXXX XXXX ) file a formal complaint with the CFPB in responding to dunning letters sent by Credit Management of XXXX XXXX, Nebraska. Credit Management is known for filing judgments against consumers without waiting the 30-day timeline allotted under the Fair Debt Collection Practices Act ( FDCPA ). Credit Management of XXXX XXXX, Nebraska does not accept CERTIFIED MAIL with Return Receipts when sent to them as a verification of " dunning '' letters. Credit Management has a business practice of sending numerous dunning letters to the same consumer, with the same date ( XX/XX/XXXX ) alleging consumer owes several accounts ( Acct No. : XXXX XXXX XXXX ) with several reference numbers and several different amounts on one single account. This is unnecessary, redundant, and deceptive. This business practice equates unjust enrichment and fraud. In this consumers case the entity Credit Management claims to be collecting on behalf of the XXXX   XXXX XXXX who received a Medicare and XXXX coinsurance payment as well as a co-payment from consumer. Accepting these payments renders consumers account with the XXXX  XXXX XXXX paid-in-full. Consumer has a co-payment receipt to prove it! ( XXXX XXXX  Receipt # : XXXX XX/XX/XXXX for {$35.00} dollars ). Anything over this payment is considered balance billing and illegal. ( See Sections of the Social Security Act [ the Act ]. 1902 ( n ) ( 3 ) ( B ) 4714.

Attached to this complaint is a copy of a letter sent to the XXXX XXXX XXXX dated XX/XX/XXXX making it known that consumer does not owe anything. It is self explanatory and will satisfy any monetary claims regarding Credit Management 's involvement. Credit Management is known to pursue frivolous lawsuits and obtain unwarranted judgments without the knowledge of the debtor and with no basis at law. Credit Managements frivolous lawsuits are intended to get information, force payment through fear of legal entanglement or gain unfair or illegal advantage. Credit Management uses the legal process for illegal, malicious or perverted means. It is important that consumer use this venue to convey a strong message that consumer has rights and protection under state and federal law and that there will be serious ramifications if those rights and protections are violated. 

Consumers sole income is Social Security income which is federally protected income under the Social Security Administration Act ( SSA ) ; Sec. 207. [ 42 U.S.C. 407 ] ( a ). Consumer has a copy of consumers Social Security Award letter as proof positive documentation. Consumer has no attachable property of value. Please be advised : Under compilation of the Social Security Laws Section 207 [ 42 U.S.C. 407 ] ( a ) which states : the right of any person to any future payment under this title shall NOT be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or the operation of any bankruptcy or insolvency law., whether consumer gives permission or not they do not have the authority to authorize garnishment of a federally protected account. Under Nebraska Revised Statute Section 25-1563.01. ; the same Supreme Court ruling applies in this matter as well. 

Consumers protected income presents a genuine issue of material fact that if a summary judgment is granted ( after receipt of this formal notification ) it shall be obtained through a deceptive, frivolous, abusive and harassing process that can garner monetary retribution for consumer. Consumer refuses to be a victim of unjust enrichment and extortive tactics. Consumer has no fiduciary or contractual obligation to a third party debt collector because there is no exchange of any benefit or detriment with ANY future collection agencies, junk debt buyers ( JDB ) or collection law firms. There will be no enforceable agreement. No payment history, nor products, or services has been rendered to such entities because these elements do not exist ; there is a 'failure of consideration ' and no valid agreement, contract or fiduciary obligation under federal law that requires payment to such parties. If Credit Management continues to harass, abuse or pursue consumer ( XXXX XXXX ) the Nebraska Attorney Generals Consumer Protection Division ( CPD ) ; and the Federal Trades Commission ( FTC ) will be notified as a prelude to a formal lawsuit against Credit Management, as genuine issues of material fact exist.

Company response to consumer: Closed with explanation