Consumer complaint received 2022-09-21
Company: Eckhoff & Massarelli, P.C.
State: IL
Product: Debt collection
Sub-product: Auto debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you without properly notifying you of lawsuit

Complaint:
Back in XXXX Attorney XXXX XXXX XXXX illegally and fraudulently obtained a default judgment after buying a debt from citizens finance The attorney/debt collector was fully aware of my address which is shown in the complaint he filed but then chose to cross out my known address and write in a address I did not live at and filed under oath claiming the person served was my roommate despite me having no knowledge of this person. 
Since I was never served nor was I aware of any lawsuit XXXX XXXX was able to obtain a default judgment and proceeded to attempt to collect XXXX XXXX uses the same process server by the name of XXXX XXXX who has repeatedly lied on all service and has not once served me during the entire case causing the courts to put a body attachment warrant on me for failure to show cause for a case I was completely unaware. 
Once I found out about warrant I went to police station to pay bail amount and was given a court date to which I appeared. 
In court I was not once asked why I never appeared in the past I was just told to make a payment arraignment with XXXX XXXX Confused, scared of going to jail and not knowing how or why I had a judgment I asked XXXX XXXX about the debt and was told it is to late, I have a judgment and you have to pay I was also told by XXXX that if I did not agree to a payment arrangement and agree to turn over bail that he will tell the judge I refuse to cooperate and that he will have the judge force me to sell my car, we will have to keep coming to court and he will charge me more fees - XXXX knowingly changed my address and served a unknown person by the name of XXXX XXXX falsely identifying him as my roommate in a successful attempt to be granted a default judgment -Not once was I allowed to dispute or given a opportunity to defend myself against judgment nor was I aware of my rights at the time or faulty service -I was never served nor had I received a copy of the judgment which I was entitled to by law -body attachment/ warrant should have never been granted since I cant appear in a case I have no knowledge of XXXX XXXX never contacted me after that court date to collect ( I assume in attempt to allow the statue of limitations to pass ) Recently XXXX later XXXX XXXX filed to revive judgment back in XX/XX/XXXX using same process server XXXX XXXX who falsely claimed to serve me once again. 
Once I found out I obtained a attorney who then contacted XXXX XXXX When my attorney told him he needs to serve me and service is faulty XXXX XXXX informed my attorney to make clients aware that he squashed the court date in a email. 
Again in XX/XX/XXXX XXXX XXXX decided he wanted to revive case again and this time decided to serve my front porch floor leaving papers for anyone to see while I was not home and papers were found by a visitor of my son the following day even more XXXX XXXX was fully aware I had a attorney and did not serve my attorney in hopes of neither of us finding out about court date so that he can be granted revival and obtain another body warrant as he had been trying to do throughout the entire recent case XXXX XXXX currently froze my bank account for almost a month now but only served my attorney of a court date 4 days before my attorney filed a wildcard exception as to which the judge refused to acknowledge and granted XXXX XXXX a turnover order despite the Illinois law allowing me to a wild card exception up to {$4000.00} Currently we are awaiting a motion to vacate based on newly found evidence, fraud, and misrepresentation on XX/XX/XXXX That the judge accepted to hear during this entire case it seems judge XXXX XXXX is siding and allowing XXXX XXXX to get away with these illegal practices. 
If Judge XXXX desides to ignore the facts/evidence and allows XXXX XXXX to get away with his fraudulent tactics my attorney will appeal I can just imagine how many people he has done this to and feel he should not get away with it XXXX XXXX Seems to deny and refuses to acknowledge any of the facts even though court document show proof of his fraudulent activities. 
Despite the time frame I believe there has to be some sort of punishment for these illegal fraudulent and unethical practices

Company public response: Company disputes the facts presented in the complaint
Company response to consumer: Closed with explanation