Consumer complaint received 2021-04-05
Company: Padfield & Stout, LLP
State: TX
Product: Debt collection
Sub-product: Other debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened to sue you for very old debt

Complaint:
Padfield & Stout , L.L.P., through their attorneys XXXX XXXX XXXX and XXXX XXXX XXXX sent me a Debt Collection Notice via regular and certified mail. First they committed Mail Fraud by using a XXXX when communicating with me. I sent a debt validation affidavit to them in XXXX of XXXX via USPS Cert. Mail XXXX XXXX XXXX XXXX XXXX. That affidavit requested them to validate the debt and provide certain proof of claims pursuant to the Fair Debt Collections Practices Act. The affidavit I sent and following affidavits throughout XXXX and XXXX all have been unrebutted or responded to. Mr. XXXX and XXXX never provided proof they owned the debt or was representing the original creditor under penalty of perjury or admitted to their full names on their Oaths to the XXXX XXXX of Texas. They never disputed the allegations of violations against the Fair Debt Collections Practices Act. They would not stop harassing me, even when I told them I did not consent to be a part of their scheme. Mr. XXXX even resorted to writing me and committing XXXX and calling me XXXX stereotypes like XXXX XXXX. Mr. XXXX then filed a lawsuit against me, which was awarded a Default Judgment after the judge threatened to arrest me for asking questions on the XXXX meeting. A court hearing in person was never requested and I did not consent to the hearing or lawsuit. I have that in writing. There was no XXXX between me and Padfield & Stout, L.L.P. or County Court at Law XXXX. XXXX in XXXX XXXX Texas. I placed Mr. XXXX 's and XXXX 's default in the XXXX XXXX XXXX XXXX, which to this day is unrebutted. They had 21 days to rebut it and have not. The Notice ran from XX/XX/XXXX through XX/XX/XXXX. XXXX XXXX XXXX and XXXX XXXX XXXX have committed several violations of the FDCPA. Now they are sending threatening letters to my wife in an attempt to sue her for the claim of debt and judgment against me. They claim she told me to get into this situation and made several other false claims, all while using a fake name of XXXX XXXX XXXX, attorney at law. I searched the State Bar of Texas, there does not exist an attorney by that name. I have asked Mr. XXXX to define payment under title 15 and dispute that it is not 15 USC 78m ( q ) ( c ). He has yet to answer that question, along with several other FDCPA questions. I recently sent a payment in full to Mr. XXXX and XXXX XXXX XXXX XXXX in an attempt to get Mr. XXXX to leave me and my family alone and quit harassing us with his relentless violations of FDCPA. 




Whereas, I of age, majority, give this herein notice to all, I make solemn oath to the one and only most high of creation only, whoever that may be, and I depose the following facts, so be it, now present : Fact, the Fair Debt Collection Practices Act is intended to secure my right to privacy and my privacy has been breached so be it, and ; Fact, PADFIELD & STOUT , LLP is willfully in violation of Title 15 U.S.C. 1692b ( ( 2 ) not state that such consumer owes any debt ; XXXX Fact, PADFIELD & STOUT , LLP is willfully in violation of title 15 U.S.C. 1692b ( ( 5 ) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt and ) Fact, PADFIELD & STOUT , LLP is willfully in violation of title 15 U.S.C. 1692c ( ( a ) Communication with the consumer generally without the prior consent of the consumer given directly to the debt collector or the express written permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt. ) Fact, PADFIELD & STOUT , LLP is willfully in violation of title 15 U.S.C. 1692j ( ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. ) Fact, PADFIELD & STOUT , LLP is willfully in violation of title 15 U.S.C. 1692j ( ( b XXXX Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter. ) 15 U.S.C. 1692k ( ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( XXXX ) any actual damages sustained by such person as a result of such failure ; ( XXXX ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or ) Fact, affiant is aware that PADFIELD & STOUT , LLP has at least ( 10 ) ten violations of title 15 U.S.C. 1692. XXXX XXXX Padfield is now sending threatening and harassing letters to my wife using complete nonsense, hearsay, and utter lies in an attempt to collect on a false debt with no first-hand knowledge. XXXX continues to use a Misnomer of XXXX XXXX XXXX in all of his communications which have been reported to the Post Master for Mail Fraud in violation of 18 USC 1341 and 18 USC 1342.

Company response to consumer: Closed with explanation