Consumer complaint received 2024-01-06
Product: Checking or savings account — Checking account
Issue: Problem with a lender or other company charging your account — Transaction was not authorized
Company: NAVY FEDERAL CREDIT UNION (VA)

I hope this email finds you well. My name is XXXX XXXX, wife of XXXX XXXX, and I am writing to bring to your attention a matter of great concern regarding a legal case filed in your jurisdiction. The case in question is XXXX, involving Atty XXXX XXXX and XXXX XXXX XXXX XXXX. I am reaching out to request your assistance in addressing several issues related to this case. 

It has come to our attention that a lawsuit has been filed across state lines, from New York to Texas, by XXXX XXXX and XXXX XXXX. However, we, the defendants, reside in Virginia, and to our knowledge, the case has not been assigned a judge. Furthermore, we have not been served with the required hard copy notice, as the court mandates for non-participating parties. 

The situation has become more complicated as we have recently discovered that XXXX XXXX  XXXX has placed a lien/freeze on our bank accounts. This action follows an attempt to settle a debt initiated with XXXX XXXX of XXXX XXXXXXXX XXXX XXXX, who later declined and directed us to this debt collection agency being referred to as law firm. We have attempted initiated payments, and despite our efforts, there has been no resolution. Navy Federal release our personal banking information to the debt collector and they are now asking for all of accounts to be frozen to settle this debt. This is unacceptable, when this company is practicing deceptive actions and did not make us aware of the so called law suit. Then they tuned around and filed paperwork again on XX/XX/XXXX asking the the exemption not be granted We would like to draw your attention to specific clauses in the contract for this case ( XXXX ) that raise questions about the validity and legality of the actions taken by XXXX XXXX XXXX. Notably, on page 7, XXXX XXXX, The XXXX XXXX XXXX XXXX XXXX XXXX clearly outlines the assumption of risk by The XXXX XXXX XXXX based on information provided by the seller. It also acknowledges valid excuses for the seller 's failure to perform, such as natural disasters or occurrences beyond the seller 's control, which include medical emergencies. In our case, my husband 's hospitalization with blood clots and emergency XXXX falls under this valid excuse category. 

Furthermore, we are perplexed by the enforcement of the agreement in Texas without a judge being appointed, a court/hearing date established, and an agreed-upon payment amount without a judge 's signature. Additionally, we question how XXXX XXXX  can practice in Texas when he is a resident of New York and is only licensed to practice in New York. 

The contract 's governing law, venue, and jurisdiction ( Section 44 ) clearly state that any lawsuit arising from this agreement should be filed exclusively in a court sitting in New York State. Yet, we find ourselves being sued in Texas. 

We also want to bring to your attention Section 50, which outlines arbitration as the method for resolving disputes. To our knowledge, we were never informed of this option, and no attempt at arbitration has been made, as stipulated in the contract. 

Given these concerns, we kindly request that the Supreme Court of New York, XXXX County, investigate the legal validity of the actions taken by XXXX XXXX XXXX and Navy Federal, especially in light of the contract 's clauses and the apparent violations of jurisdictional and arbitration requirements. 

Additionally, we seek guidance on how to expedite the resolution of this matter, including the release of the freeze on our accounts. We are eager to cooperate and resolve this issue in a fair and just manner. 

We appreciate your prompt attention to this matter and look forward to your guidance on the appropriate course of action. 

Please review the links to see all the documents about our case. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX