Consumer complaint received 2016-11-01
Company: New Century Financial Services, Inc.
State: GA
Product: Debt collection
Sub-product: Credit card
Issue: Taking/threatening an illegal action
Sub-issue: Seized/Attempted to seize property

Complaint:
In XXXX XXXX, the offices of XXXX XXXX XXXX, XXXX seized my assets in XXXX XXXX XXXX on behalf of XXXX XXXX XXXX XXXX assignee of New Century Financial Services , Inc XXXX XXXX with an alleged judgment from XXXX XXXX. Multiple phone calls to validate debt was not returned with any written documentation of debt, Their office simply stated on the phone that the matter was an issue related to a judgment entered in XXXX XXXX and gave me the case file to get my own documentation. I later learned the judgment was vacated in XXXX and I had the judgment vacated again in XXXX. The plaintiff pursued the matter after the second vacated judgment even though it knew it had not provided any documentation to the validity of the debt after 2 months of legal action. They sought and were rewarded additional time by the courts to delay my proper remedy by the court which incurred XXXX trips more than necessary t defend the matter and to obtain satisfaction in regards to my counterclaim. Although I submitted all documentation necessary to prove that I had actual damages, the plaintiff lacked any meritorious defense the judge determined that the case lacked sufficient documentation to prove wrong doing. First according to FDCPA the collection agent is to submit documentation to validity of debt, I proved that the plaintiff submitted no documentation to support claim to debt, not within the original 14 days of request or the entire court case history in XXXX. Secondly, the collection agent pursued legal action without any consultation about the debt with consumer prior to seizing assets. Third, the seizure of assets was committed using FALSE information obtained from ecourts XXXX system which validated a history of a judgment but not the status of the judgment. The assignee did not validate the debt by requesting history of payments or original documentation of contractual obligation prior to seizure. Fourth, Plaintiff submitted a false document as authentic in the submission of the restraining notice to the XXXX legal offices which is a violation of New York State Criminal Law. Fifth, the plaintiff 's attorney, XXXX XXXX XXXX, XXXX, which acted as the Collection agent committed an act of fraud and a violation of professional conduct by not validating the status of the judgment since the ecourts XXXX system stated to " See File '' for status of the original judgment. It was within their purview to validate prior to proceeding with legal action. Finally, the judgment was vacated twice by the court after multiple attempts to validate the authenticity of debt. The vacated stated was granted on XXXX/XXXX/XXXX and XXXX XXXX. The plaintiff had ample time and opportunity to reduce the injury to defendant by doing proper processing of the court case 's documentation instead they requested two adjournments to prepare for the case which further injured the defendant by requiring multiple visits to an out-of-state- court to provide defense for her suit against the illegal actions of the plaintiff.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation