Consumer complaint received 2021-06-22
Company: Franklin Collection Service, Inc.
State: AL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
Be advised that your debt claim is DISPUTED and VALIDATION is requested. Under the Fair Debt collection Practices Act ( FDCPA ), I XXXX XXXX have the right to demand validation of the debt you say I owe you. I XXXX XXXX demand proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation that is binding on me to this debt. 
This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to 15 USC 1692g Sec. 809 ( b ) of the FDCPA. An alleged court order is NOT a VALIDATION OF DEBT [ Spears v. Brennan 745 N.E.2d 862 ( Ind.App. 2001 ) ]. I XXXX XXXX demand that your offices provide me with competent evidence that I have any legal obligation to pay you. 
VALIDATION OF UNDERTAKING YOU MUST PRODUCE THE ORIGINAL CONTRACT ( for Inspection ) EXTENDING CREDIT TO YOUR NAME, FRONT AND BACK PAGES, WITH MY ORIGINAL WET INK SIGNATURE ( certified copies ) IN RESPECT TO THE ALLEGED CONTRACT AND STATE FOR THE RECORD WHO THE ALLEGED ORIGINAL CREDITOR WAS OR CURRENT HOLDER OF ORIGINAL CONTRACT IS BASED ON THE PRECEEDING LAW PROOF OF A VALID COURT ORDER BY PROVIDING THE NAME OF THE ISSUING JUDICIAL OFFICER PURSUANT TO CORAM NON JUDICE FEDERAL RULE 60 ( B ) ( 4 ). NON-JUDICIAL PERSON NOT A JUDGE OR CORAM NON-JUDICE IS VOID FOR LACK OF DUE PROCESS. JUDGMENTS CORAM NON JUDICE ARE VOID AND MUST BE VOIDED BY THIS COURT UNDER EQUAL PROTECTION OF LAW UNDER 14TH AMENDMENT. [ The proposition that the judgment of a court lacking jurisdiction is void traces back to the English Year Books, see Bowser v. Collins, Y. B. Mich. 22 Edw. IV, f. 30, pl. 11, 145 Eng. Rep. 97 ( Ex. Ch. 1482 ), and was made settled law by Lord Coke in Case of the Marshalsea, 10 Coke Rep. 68b, 77a, 77 Eng. Rep. 1027, 1041 ( K. B. 1612 ). Traditionally that proposition was embodied in the phrase coram non judice, " before a person not a judge '' meaning, in effect, that the proceeding in question was not a judicial proceeding because lawful judicial authority was not present, and could therefore not yield a judgment.American courts invalidated, or denied recognition to, judgments that violatedthis common-law principle long before the Fourteenth Amendment was adopted. See, e. g., Grumon v. Raymond, 1 Conn. 40 ( 1814 ) ; Picquet v. Swan, 19 F. Cas. 609 ( No. 11,134 ) ( CC Mass. 1828 ) ; Dunn v. Dunn, 4 Paige 425 ( N. Y. Ch. 1834 ) ; Evans v. Instine, 7 Ohio 273 ( 1835 ) ; Steel v. Smith, 7 Watts & Serg. 447 ( Pa. 1844 ) ; Boswell 's Lessee v. Otis, 9 How. 336, 350 ( 1850 ). In Pennoyer v. Neff, 95 U. S. 714, 732 ( 1878 ), we announced that the judgment of a court lacking personal jurisdiction violated the Due Process Clause of the Fourteenth Amendment as well. Burnham v. Superior Court of Cal. , County of Marin , 495 US 604 - Supreme Court 1990 ] NAME OF CLERK WHO SIGNED AND ENTERED COURT ORDERED MONEY JUDGMENT AS REQUIRED BY 28 USC SECTION 1691 [ A DEPUTY CLERK IS NOT A JUDICIAL SIGNATURE AND ANY DOCUMENT SIGNED BY DEPUTY CLERK IS VOID FOR NOT COMPLYING WITH LAW UNDER UNITED STATES CODE UNDER 28 USC SECTION 1691 PURSUANT -Scanbe Mfg. Co. v. Tryon, 400 F.2d 598 hn. 1 9th Cir. 1968ams/css/child_support_glossary.pdf FURTHER, THIS ENTITY CAN NOT RELY UPON A CLAIM THAT A COURT ORDER IS ORDERING YOUR NAME TO PAY AN ALLEGED DEBT UNLESS THIS COURT ORDER IS A COMPLETED SEAL OF TESTE PROCESS IN ACCORDANCE WITH 28 USC SECTION 1691 WHICH READS All writs and process issuing from a court of the United States shall be under the seal of the court and signed by the clerk thereof. FURTHER THE COURTS HAVE HELD THAT ANY WRIT COMING FROM A COURT MUST HAVE A JUDICIAL SIGNATURE OR IT IS VOID FOR LACK OF JUDICIAL SIGNATURE. [ Scanbe Mfg. Co. v. Tryon, 400 F.2d 598 " the injunction signed only by a deputy clerk of the District Court is void '' for want of a judicial signature. Section 1691 of Title 28, U.S.C. ] PROOF OF A MONEY JUDGMENT WITH CLERKS OFFICE AS REQUIRED BY CCP SECTION 1250.150 The plaintiff, at the time of the commencement of the proceeding, shall record a notice of the pendency of the proceeding in the office of the county recorder of any county in which property described in the complaint is located. A copy of the notice shall be served with the summons and complaint. - See more at : http : //codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-1250-150.html # sthash.edZyWein.dpuf ALL LAWS PROTECTING EMPLOYEE ( S ) FROM LAWSUITS ARE UNDER PRESUMPTION THE EMPLOYEE ( S ) ARE COMPLYING WITH THE UNITED STATES CONSTITUTION WHEREBY ANY ACTION IN VIOLATION REMOVES QUALIFIED OR JUDICIAL IMMUNITY UNDER A UNITED STATE SUPREME COURT DECISION SCHEURER V RHODES [ Scheuer v. Rhodes, 416 U.S. 232 ( 1974 ) when a state officer acts under a state law in a manner violative of the Federal Constitution, he comes into conflict with the superior authority of that Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States. ] CREDITOR/DEBT COLLECTOR DECLARATION Please provide the following : 1. Discovery of Evidence Discovery of original undertaking that bears the wet ink signature of the alleged debtor promising to pay the original creditor. 
2. Discovery of Evidence Discovery of true copy of legally enforceable court order containing judicial signatures in accordance with FEDERAL RULE 60 ( B ) ( 4 ) and 28 USC Section 1691 for without a court order for without a complete court order money judgment this is an alleged debt under FDCPA requiring VALIDATION when commanded to validate debt or SEIZE ALL COLLECTION METHODS.

3. Discovery of Evidence Discovery of the Money Judgment recorded and entered with County Clerk in accordance with California Code of Civil Procedure Section 1250.150.

4. Discovery of Evidence Discovery of a true copy of a Writ of Execution and Writ ofGarnishment issued by court of competent jurisdiction and recorded and entered with a County Clerk in accordance with California Code of Civil Procedure Section 1250.150.

5. Discovery of Evidence The undersigned demands Discovery of a true copy of an alleged court order or writ of execution authorizing this office/collection organization to issue an income withholding order for wage garnishment. Please refrain from referring the undersigned to the court of issuance or clerk of the court.

6. Discovery of Evidence Agreement with your client that grants you the authority to collect on this alleged debt.

7. Discovery of Evidence Discovery of name and address of original alleged creditor.

8. Discovery of Evidence Discovery of Any Judgments obtained by any creditor regarding this account.

9. Discovery of Evidence Discovery of name on file of alleged debtor.

10. Discovery of Evidence Discovery of address on file for alleged debtor.

11. Discovery of Evidence Discovery of alleged account number.

12. Discovery of Evidence Discovery of amount of alleged debt.

13. Discovery of Evidence Discovery of date this alleged debt became payable.

14. Discovery of Evidence Discovery of date of original charge off or delinquency.

15. Discovery of Evidence Discovery of Any insurance claims been made by any creditor regarding this account.

16. Discovery of Evidence Discovery of VALIDATION that this debt was assigned or sold to collector.

17. Discovery of Evidence Discovery of complete accounting of alleged debt.

18. Discovery of Evidence Discovery of commission for this office/debt collector if collection efforts are successful and if such commission has been added to the alleged debt.

19. Discovery of Evidence Discovery of VALIDATION that your collection practices are legally in accordance with California Code of Civil Procedure Section 337.2.

20. Discovery of Evidence Provide a statement certifying that you did not breach any federal state contractual commercial or official oath or laws in carrying out the alleged contract and associated transactions.

21. Discovery of Evidence Certify that you did not unlawfully without my consent use my signature to materially alter, falsely endorse, stamp or convert any contract bearing my name or signature, into a security, in order to convert my contract into assets, or gain assets from a third party. You MUST Certify and prove that you are an actual LENDER and that you did not commit any action that would preclude that you used my identity in a fraudulent or illegal manner in Violation of Law and ( FEDERAL TRADE COMMISSION ( FTC ) Policy, yourself or in collusion with a third party or additional parties.

You are bound by law to provide this information upon a request pursuant to FOIA USC 5section 552 and the Fair Debt Collections Practices Act along with the aforementioned laws.

Please provide the name and address of the bonding agent for COLLECTIONAGENCY in case legal action becomes necessary. Your claim can not and WILL NOT be considered if any portion of the above is not completed and returned with copies of all requested documents. This is a request for VALIDATION made pursuant to the Fair Debt Collection Practices Act 15 USC 1692g Sec. 809 ( b ) of the FDCPA. If your offices are able to provide the proper documentation as requested in the following declaration, I will require 30 days to investigate this information and during such time all collection activity must cease and desist.

At this time I will also inform you that if your offices have or continue to report invalidated information on my credit report, this action will constitute fraud, forgery, perjury, and extortionunder both federal and state laws. Due to this fact, if any negative mark is found or continues to report on any of my credit reports by you or the company you represent, I will pursue legal actions against you and your client for the following : Fraud, Forgery, Perjury, Extortion, Violation of the Fair Debt Collection Practices Act and Defamation of Character. If your offices fail to respond to this VALIDATION request within 30 days from the date of your receipt, THIS UNVALID NEGATIVE ACCOUNT MUST BE REMOVED IMMEDIATELY, andall references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

Please refrain from responding in excessive legalese or any attorney stalling practices by objecting to fairly simple requests alleging the receiver of the VALIDATION OF DEBT does not understand. This is a very easy process of discovery, whereby the undersigned is simply seeking discovery of evidence and disclosure of this organizations policy with regard to the collection of an alleged debt to ascertain if rights guaranteed by the US Constitution Bill of Rights were violated. 

Best Regards, XXXX XXXX cc Federal Trade Commission

Company response to consumer: Closed with explanation