Consumer complaint received 2016-03-23
Company: Blatt, Hasenmiller, Leibsker & Moore, LLC
State: WA
Product: Debt collection
Sub-product: Auto
Issue: Taking/threatening an illegal action
Sub-issue: Sued w/o proper notification of suit

Complaint:
There was a car loan take out XXXX XXXX, XXXX according to the paperwork that I requested from small claims court XXXX XXXX, XXXX. Once XXXX XXXX received the car back five or six months later, I did not hear anything else from them until now. They apparently filed for a judgement XXXX XXXX, XXXX. I was still at the XXXX address they have on file until XXXX, XXXX. They are garnishing my payroll check and I did n't even have the opportunity to show up for court to dispute or confirm the debt. It is now about 13 years later and I have to hear that they are garnishing my check from my employer after I called to find out what it was that was coming out of my check. My job sent me a copy of the order and was surprised that I did n't get anything about it. The order that they have states that I owe {$9600.00}. Small claims court only goes up to a maximum of {$6000.00}, so how is it possible to be sued for this amount? The original amount of the car was for {$10000.00} after finance charges. In XXXX, according to the documents they were only suing for {$5500.00}, which was the amount after the payments that were made before they received the car back and whatever they got when the car was sold or if they sold it at auction. According to their documents they have sent a sheriff or a bailiff to give me the information but I never received anything. At least, this is what was checked on the court paperwork. The address that was on the car loan I lived there until XX/XX/XXXX and there was a forwarding address given each time I moved except in XX/XX/XXXX when my family and I became homeless. We migrated to Washington State where I fell ill and was hospitalized for a couple of months and off and on throughout the years but we have been here for almost six years now. In XX/XX/XXXX, this debt also fell off of my credit report since it had been seven years and nowhere on it stated before that there had been a judgement from XX/XX/XXXX filed or awarded as judgments are part of public record or I would have responded. I would also have not just ignored a court order that I supposed to have received on several occasions. I have paperwork that I have obtained from the courts as well as what my job sent me. According to the information on XXXX XXXX, XXXX or before the claim was filed, they sent information to my job to obtain my current address as well as employment information. On this paperwork it states that I was supposed to be in court XXXX XXXX, XXXX. Again, I never received any information. They sent mail to my place of employment but I still receive no information by sheriff or certified mail from them to even give me a chance even after the judgement to give me a chance to dispute it or let me know that it had been awarded. Even in XX/XX/XXXX they had another address but in XX/XX/XXXX they still sent info the first address that they had on file according to the paperwork. I have the information that sent to my job and the information that was sent from the courts. I think this was unfair collection tactics on the part of the company. As I had been in the state of Indiana up until XXXX XXXX and there were plenty of opportunities to get in contact with me either by regular mail or certified mail. The post office had forwarding information on file as it is good for 12 months. The post office was always given an updated forwarding address each time I moved. If they were able to obtain current employment information why were n't they able to obtain my current address to inform me of this debt. My credit report even had up to date address information on file that they could have gotten my address from. Is there anything that I can do about this?

Company response to consumer: Closed with explanation