Consumer complaint received 2024-06-19
Product: Debt collection — Other debt
Issue: Took or threatened to take negative or legal action — Threatened or suggested your credit would be damaged
Company: Lien Enforcement Inc (CA)

Subject : Formal Complaint Against LIEN ENFORCEMENT , INC. for Violations of the Fair Debt Collection Practices Act ( FDCPA ) Dear Consumer Financial Protection Bureau, I am writing to submit a formal complaint against LIEN ENFORCEMENT , INC. for persistent and wrongful debt collection practices, which I believe violate the Fair Debt Collection Practices Act ( FDCPA ). Despite numerous communications clarifying my non-liability and the legal transfer of ownership of the involved property, Lien Enforcement , Inc. has continued to pursue collection activities against me, demonstrating a clear disregard for lawful debt collection procedures and my consumer rights. 

Incident Summary : - Motorcycle Reported Stolen : My motorcycle, a XXXX XXXX, was reported stolen on XX/XX/XXXX. This incident was promptly reported to the XXXX XXXX Police Department. 
- Declaration of Total Loss : The vehicle was subsequently declared an Unrecovered Total Loss by both the XXXX and my insurance provider at the time, XXXX. 
- Ownership Transfer : Officially, on XX/XX/XXXX, the ownership of the motorcycle was transferred to XXXX, as documented by the XXXX. This transfer absolved me of any subsequent liabilities related to the motorcycle. 
- Erroneous Debt Collection Attempts : Since the ownership transfer, I have been subjected to repeated and erroneous debt collection attempts by Lien Enforcement , Inc., pertaining to towing and storage fees of the said motorcycle. 

Communications with Lien Enforcement , Inc. : - I have communicated extensively with Lien Enforcement , Inc., through various correspondences dated XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. In each of these, I have clearly outlined my non-liability, supported by substantial documentation, including the police report and DMV transfer of ownership papers. 
- I have invoked my rights under the FDCPA to request validation of the claimed debt, which Lien Enforcement , Inc. has failed to provide adequately. The requested details included an itemized statement of the debt, proof of their authority to collect, and documentation proving the transfer of debt ownership. 

Misapplication of Laws and Regulations : - Lien Enforcement , Inc. has inappropriately cited California XXXX XXXX XXXX in their attempts to justify their actions. This code allows for the removal of vehicles blocking driveways but does not apply to or create a financial obligation for former owners after the transfer of vehicle ownership. 

Failure to Respond and Resolve : - Despite my repeated efforts to clarify the situation and resolve the matter amicably, Lien Enforcement , Inc. has not only continued their collection efforts but also failed to provide the legally required debt validation. This has compelled me to issue a cease and desist letter on [ date of your cease and desist letter ], demanding an immediate halt to all such collection activities and deletion of my personal data from their records. 

Impact on Me : - These unwarranted collection efforts have caused significant stress and potential harm to my credit standing, as well as personal distress. These actions appear to constitute harassment under the FDCPA. 

Given these circumstances, I request the CFPB 's intervention to investigate these practices by Lien Enforcement , Inc . I seek your assistance to enforce compliance with the FDCPA and to ensure that my consumer rights are protected. Attached to this letter, you will find copies of all relevant documentation, including correspondence with Lien Enforcement , Inc., the police report, DMV documents, and the cease and desist letter. 

Thank you for your attention to this matter. I am hopeful for a resolution that upholds the protections afforded to consumers under the law and prevents future occurrences of such violations. 

Sincerely, XXXX XXXX