Consumer complaint received 2022-05-16
Company: McCalla Raymer Leibert Pierce, LLC
State: GA
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
DEBT COLLECTOR AND DEBT COLLECTION AGENCY ATTEMPTING TO COLLECT AN ALLEGED DEBT THAT WAS PAID. 

Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall send the consumer a written notice containing- ( a ) Notice of debt ; and contents. Mc Calla Raymer Leibet Pierce, LLC and Attorney XXXX XXXX XXXX did not send XXXX XXXX XXXX a Notice of debt ; and contents before, since or to date. 

A validation letter was requested from Mc Calla Raymer Leibet Pierce, LLC and Attorney XXXX XXXX XXXX which are debt collection agency and a debt collector. A validation letter was never received from Mc Calla Raymer Leibet Pierce, LLC and Attorney XXXX XXXX XXXX. XXXX XXXX XXXX requested Mc Calla Raymer Leibet Pierce, LLC and Attorney XXXX XXXX XXXX which are debt collection agency and a debt collector to cease all communication for an alleged debt and stop collections attempts towards him that violated the Fair Debt Collection Practices Act. Mc Calla Raymer Leibet Pierce, LLC and Attorney XXXX XXXX XXXX violated the Fair Debt Collection Practices Act by attempting to collect and allege debt directly and indirectly by a debt collection agency and a debt collector before, since or to date that has never been verified and or validated the allege debt as required by Georgia Law, State and Federal Law. 

XXXX XXXX XXXX did not default on his mortgage payments/loan and provided the proof of payments that was in questioned by Escalation Manager for XXXX, XXXX XXXX XXXX XXXX XXXX Bank XXXX XXXX and XXXX XXXX XXXX XXXX  XXXX and Mc Calla Raymer Leibet Pierce, LLC and Attorney XXXX XXXX XXXX which are debt collection agency and a debt collector that was hired by XXXX. See exhibits, I and J. Escalation Manager for XXXX, XXXX XXXX admitted on XXXX, XXXX, XXXX and admitted Ok, XXXX XXXX I do see where there are four ( 4 ) payments that was misapplied '' It is a material fact that Attorney for XXXX, [ XXXX XXXX XXXX, XXXX ] on XX/XX/XXXX admitted to receiving a copy to the Complaint that was filed, and all relevant information in this matter. He received the recorded admission of XXXX Escalation Manager XXXX XXXX admitting on XXXX, XXXX, XXXX that in fact XXXX XXXX XXXX payments had been received by XXXX but that those payments were misapplied and not credited to XXXX XXXX XXXX account. Mc Calla Raymer Leibet Pierce, LLC and Attorney XXXX XXXX XXXX had knowledge of the conversation and the admission of XXXX Escalation Manager XXXX XXXX admitting on XXXX, XXXX, XXXX that in fact XXXX XXXX XXXX payments had been received by XXXX but that those payments were misapplied and not credited to XXXX XXXX XXXX account. 

Mc Calla Raymer Leibet Pierce, LLC and Attorney XXXX XXXX XXXX are debt collection agency and debt collector. Both were aware that their client XXXX XXXX Bank XXXX. and XXXX XXXX XXXX Co XXXX had XXXX XXXX home published in an advertisement in the newspaper for foreclosure sale of Property at a time when XXXX XXXX XXXX was not in default. Mc Calla Raymer Leibet Pierce, LLC and Attorney XXXX XXXX XXXX having full knowledge of the facts and material facts that XXXX XXXX XXXX was not in default and willfully attempted to collect an alleged debt that was willful. See exhibits, H, K and L Mc Calla Raymer Leibet Pierce, LLC and Attorney XXXX XXXX XXXX are debt collection agency and debt collector and were aware that their client XXXX XXXX Bank XXXX. and XXXX XXXX XXXX Co XXXX promised not to foreclose on XXXX XXXX XXXX XXXX located at XXXX XXXX XXXX XXXX XXXX XXXX XXXX. Mc Calla Raymer Leibet Pierce, LLC and Attorney XXXX XXXX XXXX are debt collection agency and debt collector and were aware that their client XXXX XXXX Bank XXXX. and XXXX XXXX XXXX Co XXXX promised to settle this matter accordingly and still attempted to collect and alleged debt. See exhibit N Admission for Attorney XXXX XXXX XXXX, My client has asked me to reach out to you again regarding a possible mediation and possible settlement. If, you are interested when is a good time for a call? I can make time next Tuesday or Thursday if either of those work for you. Please let me know. Thanks, XXXX XXXX. See exhibit N Mc Calla Raymer Leibet Pierce, LLC and Attorney XXXX XXXX XXXX having full knowledge of the facts and material facts [ Promissory estoppel ] willfully attempted to collect an alleged debt that was willful. 

MCCALLA RAYMER LEIBET PIERCE, LLC ADMISSION ABOUT XXXX XXXX XXXX The firm is also pleased to announce that XXXX XXXX, previously a partner in the firms XXXX XXXX XXXX, has been named Managing Partner of the firms Georgia XXXX XXXX XXXX XXXX XXXX. 

XXXX XXXX began his legal career as an associate in the creditors rights group at XXXX XXXX XXXX XXXX XXXX XXXX in XXXX in XXXX. XXXX joined XXXX in XXXX as a senior associate in the XXXX XXXX and XXXX XXXX, and was named a partner in that group in XXXX. XXXX has extensive experience in XXXX foreclosure confirmation law and enforcement of debt instruments. XXXX broad creditors rights practice includes the representation of lenders in all aspects of loss mitigation and litigation, including workouts, actions for receivers, confirmation actions, deficiency actions, collections, and representation of creditors in bankruptcy cases. He will be based out of the firms XXXX, XXXX  office and will oversee all litigation matters in XXXX 

XXXX has extensive experience in XXXX foreclosure confirmation law : Georgia law doesn't give borrowers a statutory right of redemption after a nonjudicial foreclosure. Once your Georgia home has been foreclosed, you can't redeem it. 
MCCALLA RAYMER LEIBET PIERCE, LLC ATTEMPT TO COLLECT AN ALLEGED DEBT 1. Dismiss Plaintiffs Amended Complaint with prejudice ; and 2. Grant Defendant all such other relief as is just and equitable. 
RESPECTFULLY SUBMITTED this XXXX day of XXXX, XXXX : McCALLA RAYMER LEIBERT PIERCE , LLC XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX Direct and Fax XXXX Counsel for XXXX XXXX Bank, XXXX. 

XXXX. XX/XX/XXXX ( XXXX. XXXX ) WAIVER OF SERVICE Returned Executed by XXXX XXXX XXXX Bank XXXX XXXX. XXXX XXXX XXXX Bank XXXX XXXX waiver mailed on XX/XX/XXXX, answer due XX/XX/XXXX. ( XXXX, XXXX ) ( Entered : XX/XX/XXXX ) XXXX. XX/XX/XXXX ( XXXX. XXXX ) MOTION to Dismiss Complaint with Brief In Support by XXXX Bank, XXXX XXXX XXXX XXXX Co, XXXX XXXX XXXX Bank XXXX XXXX. ( Attachments : # XXXX Brief XXXX ) ( XXXX, XXXX ) ( Entered : XX/XX/XXXX ) XXXX. XX/XX/XXXX ( XXXX ) MOTION for Extension of Time to File Answer re XXXX Amended Complaint, by XXXX Bank XXXX XXXX XXXX XXXX XXXX Co XXXX XXXX XXXX XXXX Bank XXXX XXXX XXXX XXXX XXXX XXXX Bank XXXX NA. ( Attachments : # XXXX Text of Proposed Order ) ( XXXX, XXXX ) ( Entered : XX/XX/XXXX ) It is clear and undisputed that Mc Calla Raymer Leibet Pierce, LLC and Attorney XXXX XXXX XXXX are debt collection agency and debt collector and willfully attempted to collect an alleged debt from XXXX XXXX XXXX directly and indirectly. 


MCCALLA RAYMER LEIBET PIERCE, LLC FRAUDULENTLY CONCEALED IDENTITY The plain language on the website of Mc Calla Raymer Leibet Pierce, clearly states Mc Calla Raymer Leibet Pierce, [ Foreclosure ] and ( MRLP ) represents lenders, servicers, and investors in non-judicial and judicial foreclosures across its thirteen state footprint, particularly Georgia. See Exhibit A The plain language on the website of Mc Calla Raymer Leibet Pierce, clearly states Mc Calla Raymer Leibet Pierce, [ Litigation ] at Mc Calla Raymer Leibet Pierce, we understand that our clients face many risks, from a pro se foreclosure contest to a complex title curative dispute to a jury trial with allegations of fraud and consumer protections violations. And our litigators are not foreclosure attorneys who able in litigation-we are separate litigation departments comprised of true trial lawyers, with decades of combined experience handling thousands of trials and appeals of all kinds. 

XXXX XXXX asked Mc Calla Raymer Leibet Pierce, LLC and Attorney XXXX XXXX XXXX are you a debt collection agency and a debt collector. Mc Calla Raymer Leibet Pierce, LLC and Attorney XXXX XXXX XXXX replied, that a legal question and never answered the question. However, Mc Calla Raymer Leibet Pierce, LLC website explains it best, Mc Calla Raymer Leibet Pierce, LLC and Attorney XXXX XXXX XXXX are a debt collection agency and a debt collector attempting to collect an allege debt from XXXX XXXX XXXX Pro XXXX. 

Furthermore, Mc Calla Raymer Leibet Pierce, LLC and Attorney XXXX XXXX XXXX has sent over forty ( 40 ) letters to XXXX XXXX XXXX from the Law Firm, with the Law Firm, Mc Calla Raymer Leibet Pierce, LLC and Attorney XXXX XXXX XXXX name on the letters and none of the letters states that Mc Calla Raymer Leibet Pierce, LLC and Attorney XXXX XXXX XXXX is a debt collection agency and a debt collector. 

Tellingly, XXXX XXXX XXXX XXXX XXXX, XXXX and Attorney XXXX XXXX XXXX have been emailing XXXX XXXX XXXX starting around and about XXXX and to date. The signature of the emails display : XXXX XXXX, XXXX. 
Managing Partner, AL / GA / MS Litigation McCalla Raymer Leibert Pierce , LLC XXXX XXXX  XXXX XXXX XXXXXXXX XXXX XXXX Office : ( XXXX ) XXXX / Ext. XXXX XXXX Licensed in Georgia XXXX Florida " Pursuant to the Fair Debt Collection Practices Act, you are advised that this office may be deemed to be a debt collector and any information obtained may be used for that purpose. '' Consequently, " Pursuant to the Fair Debt Collection Practices Act, you are advised that this office may be deemed to be a debt collector and any information obtained may be used for that purpose. '' is false and misleading. Mc Calla Raymer Leibet Pierce, LLC and Attorney XXXX XXXX XXXX has willfully and intentional fraudulently concealed their identities for the sole purpose of debt collection. 

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. The elements of fraudulently concealed their identities exists in the instant matter. Mc Calla Raymer Leibet Pierce, LLC and Attorney XXXX XXXX XXXX remained silent and failed to disclose material facts despite a duty to do so. 

VIOLATION OF THE FAIR DEBT COLLECTION PRACTICES ACT Mc Calla Raymer Leibet Pierce, LLC and Attorney XXXX XXXX XXXX violation of the Fair Debt Collection Practices Act is clear and unambiguous. 

Communication with the consumer generally : Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt. XXXX XXXX XXXX did not give XXXXc Calla Raymer Leibet Pierce, LLC and Attorney XXXX XXXX XXXX XXXX permission. Mc Calla Raymer Leibet Pierce, LLC and Attorney XXXX XXXX XXXX do not have express permission in writing from the Court. 
Harassment or abuse : A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : XXXX XXXX XXXX received several phone calls, several emails, and several letters about an alleged debt that Mc Calla Raymer Leibet Pierce, LLC and Attorney XXXX XXXX XXXX has stated remains unsatisfied. 
False or misleading representations : A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : Mc Calla Raymer Leibet Pierce, LLC and Attorney XXXX XXXX XXXX mislead XXXX XXXX XXXX by stating in the emails " Pursuant to the Fair Debt Collection Practices Act, you are advised that this office may be deemed to be a debt collector and any information obtained may be used for that purpose.

Unfair practices : A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. Mc Calla Raymer Leibet Pierce, LLC and Attorney XXXX XXXX XXXX attempted to collect an allege debt amount, interest, fees and other charges from XXXX XXXX XXXX. 
Validation of debts : Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing. Mc Calla Raymer Leibet Pierce, LLC and Attorney XXXX XXXX XXXX within five days after the initial communication with XXXX XXXX XXXX did not send a validation letter of the allege debt. 
CONCLUSION Let the truth be told, Mc Calla Raymer Leibet Pierce, LLC and Attorney XXXX XXXX XXXX attempted to collect an allege debt from XXXX XXXX XXXX starting around and about XXXX and to date without validation of the allege debt. And or any personal knowledge of the facts, material fact and undisputed material facts that occurred between to XXXX XXXX Bank XXXX, XXXX XXXX XXXX Co XXXX and XXXX XXXX XXXX. 
Mc Calla Raymer Leibet Pierce, LLC and Attorney XXXX XXXX XXXX starting around and about XXXX received competent evidence from XXXX XXXX Bank XXXX. and XXXX XXXX XXXX Co XXXX that XXXX XXXX XXXX did not default on his mortgage payments/Loan. And Escalation Manager for XXXX, XXXX XXXX admitted on XXXX, XXXX, XXXX and admitted Ok, XXXX XXXX I do see where there are four ( 4 ) payments that was misapplied ''. XXXX XXXX Bank XXXX, XXXX XXXX XXXX Co XXXX and XXXX XXXX XXXX determined that the case could settle and agreed to settle. XXXX XXXX Bank XXXX, XXXX XXXX XXXX Co XXXX stated they did not want to litigate this matter. However, Mc Calla Raymer Leibet Pierce, LLC and Attorney XXXX XXXX XXXX has taking it upon themselves to litigate this matter and attempted to collect an alleged debt. 
Please see exhibits in support of XXXX XXXX XXXX claims of Unlawful debt collection by Mc Calla Raymer Leibet Pierce, LLC and Attorney XXXX XXXX XXXX. 
CONTACT INFORMATION FOR MCCALLA RAYMER LEIBERT PIERCE LLC McCalla Raymer Leibert Pierce , LLC Georgia ( XXXX ) XXXX Attn : XXXX XXXX, XXXX. 
Managing Partner, AL / GA / MS Litigation McCalla Raymer Leibert Pierce , LLC XXXX XXXX XXXX XXXX XXXX XXXX XXXX Office : ( XXXX ) XXXX / Ext. XXXX XXXX XXXX

Company response to consumer: Closed with explanation