Consumer complaint received 2023-06-09
Company: CL Holdings LLC
State: GA
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:
On XX/XX/XXXX consumer credit monitoring service XXXX XXXX alerted me to a new collections account being added to my credit report. ( see attachment 'Added to my credit report ' ) On XX/XX/XXXX I called Jefferson Capital via telephone to request Validation in accordance with the FDCPA. I never received any correspondence in regard to my Validation request. 

Then again on XX/XX/XXXX, I called Jefferson Capital again but on a recorded line to re-request validation where I was told validation would be sent out in the form of a certified copy of the original contract. ( see attachment XXXX ) I never received validation in accordance with 15 U.S. Code 1692g ( a ) ( 1-5 ). Jefferson mailed on XX/XX/XXXX a document that states they received my dispute but are unable to resolve my request and requested additional information i.e. SSN, Account number, Dollar amount of debt, etc. ( see attachment Validation response.pdf ) On XX/XX/XXXX I moved from the address where the initial mailing correspondence transpired due to private internal family matters. 

On XX/XX/XXXX The Sheriff/Constable delivered, unbeknownst to me as the initial address for correspondence with me was no longer my place of abode plus my father and I were not speaking, a 'Return of Service XXXX which shows clearly that I was not the recipient of my private and personal information/documents and in fact, the recipient was my estranged FATHER. ( see attachment XXXX XXXX XXXX  ' ) and see attachment XXXX XXXX XXXXXXXX ' ) - according to UCC 1-202 . Notice ; Knowledge. 
a person has " notice '' of a fact if the person has actual knowledge of it ; or has received a notice or notification of it ; or from all the facts and circumstances known to the person at the time in question, has reason to know that it exists. 

On XX/XX/XXXX Jefferson Capital mailed my employer a 'Service of Process Receipt ' for a 'Garnishment Order ' that was subsequent to an 'Order of Default Judgement '. ( see attachment 'XXXX XXXX ' ) I have been unlawfully sued and garnished in the total amount of {$9500.00} ( see attachments XXXX and XXXX from my employer manged self-service HR portal ) due to these unlawful actions against me. Debt collectors have 5 days to respond to a request for validation of a debt. This is because the FDCPA requires debt collectors to provide validation information " promptly '' upon the first communication with the consumer. The 5-day period begins on the date of the first communication which was XX/XX/XXXX. Also, I called and requested validation in accordance with the FDCPA twice with one of those being on a recorded line, and was never provided with proper or any type of validation in accordance with the FDCPA, If a debt collector fails to respond to a request for validation within 5 days, the debt is considered invalid and the debt collector can not continue to collect it. 

The debt was never properly validated in accordance with the FDCPA at my request. 
The process server ( Sheriff ) did not serve me, so I could not have known or had knowledge about the action against me. 
The debt collector moved forward in getting a default judgment against me without my knowledge of a complaint/lawsuit. 
Then I was subsequently garnished due to a lack of disregard for the processes put in place to protect me from predatory practices like these.

Company response to consumer: Closed with explanation