Consumer complaint received 2024-02-20
Product: Debt collection — Medical debt
Issue: Attempts to collect debt not owed — Debt was paid
Company: APEX Asset Management, LLC (NJ)

Dear Sir/Madam : Apex Asset Management LLC ALLEGES , " On XX/XX/XXXX, we received the same Debt Validation Letter / Cease and Desist Notice that you have included in your complaint documentation from XXXX XXXX. This account was flagged to cease communication at that time. We have confirmed with our client, who placed the account for collections per our contract, that this balance is still unpaid and is XXXX XXXX 's responsibility. We have mailed the complainant a Validation of the Debt letter. '' On or about XX/XX/XXXX, I received two letters ( see attached ) from Apex Asset Management LLC. in that they ALLEGE they verified the debt. Apex Asset Management erroneously states, " DEAR XXXX XXXX : Enclosed is the verification of debt that you requested from our office regarding the following account : XXXX XXXX XXXX XXXX in the amount of {$770.00} for services on XXXX XXXX XXXX. '' Apex Asset Management LLC NEVER VALIDATED THE DEBT AS REQUIRED BY LAW when I sent Apex Asset Management the debt validation letter via Priority mail ( see attached debt validated letter with USPS receipts ). Instead, Apex Asset Management LLC sent me a regurgitated typed up letters ( see attached ) ALLEGING that I owe I debt that was ALREADY PAID BY XXXX! 

On or about XX/XX/XXXX, I contacted my health insurance provider XXXX ( Policy # XXXX XXXX Group # XXXX ) in regards to the ALLEGED bill from XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX the amount of {$770.00}. I spoke to an XXXX representative " XXXX '' reference # XXXX, who stated that XXXX XXXX XXXX WAS PAID TWICE and XXXX requested a refund for the OVER-PAYMENT! I also spoke to XXXX, XXXX and XXXX all from XXXX who advised me that a refund was requested from XXXX XXXX on or about XX/XX/XXXX because XXXX XXXX was OVER-PAID! 

Debt validations letters are legal documents that Requires and demands that a debt collector prove specific facts about the ALLEGES debt. Apex Asset Management LLC NEVER validated the ALLEGED debt. Instead, they began harassing me by sending me false, deceiving a fake letters in an attempt to get me to erroneously give them monies they DID NOT deserve! 

Apex Asset Management LLC IGNORED my debt validation letter because I demanded that they provide the following and they refused! I demanded that Apex Asset Management provide me with the following : Please provide me with ALL of the following : Please show proof that I signed a contract with you stating that I agreed to Pay you What the money you say I owe is for and a detailed itemized statement of ALL charges ; The amount of monies you paid for the alleged debt in detail ; Explain and show me how you calculated what you say I owe ; Provide me with a detailed itemized bill of ALL charges ; Provide me with copies of any papers that show I agreed to pay what you ALLEGE I owe ; and mail these items to me at your expense. 
Provide a verification or copy of any judgment if applicable ; and mail these items to me at your expense. 
Identify the original creditor ; Provide me with a copy of the original contract with my signature. 
Prove the Statute of Limitations has not expired on this account ; Show me that you are licensed to collect in my state of New Jersey ; Provide me with your license numbers and Registered Agent ; You can not add interest or fees except those allowed by the original contract or state law.

Copy of the Agreement with your client that grants you the authority to collect on this alleged debt. 
Agreement that bears the signature of the alleged debtor wherein I ( XXXX XXXX ) agreed to pay the creditor. 
Any and ALL insurance claims been made by any creditor regarding this account. 
Any Judgments obtained by any creditor regarding this account. 
Name and address of alleged creditor. 
Name on file of alleged debtor. 
Alleged account number. 
Address on file for alleged debtor. 
Amount of alleged debt. 

Has any insurance claim ( s ) been filed by you, your company, the company you purchased this alleged debt from or the company ( s ) you work for in regards to this alleged debt? If yes, state with whom the claim was filed, the amount requested, all supporting documents, detailed itemized statement and the amount p [ aid by the insurance company in regards to this claim. 
Has any judgements been obtained by any creditor in regards to this account, yes, or no? 
Date this alleged debt became payable. 
Date of original charge off or delinquency. 
Verification that this debt was assigned or sold to collector and the amount that it was sold for.

Complete accounting of alleged debt.

Commission for debt collector if collection efforts are successful ; You SHALL provide a copy of THIS letter to any party who may seek to collect a disputed and Alleged debt from me.

You and any and ALL other parties who attempt to collect an ALLEGED debt from me is hereby directed to CEASE AND DESIST any and ALL communications with XXXX XXXX UNTIL you validate the ALLEGED debt and provide me with ALL of the information requested in this letter. 
Please provide the name and address of the bonding agent for XXXX XXXX XXXX XXXX in case legal action becomes necessary. Your ALLEGED claim can not and WILL NOT be considered if any portion of the above is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If your office ( s ) are able to provide the proper documentation as requested, I will require at least 60 days to investigate this information and during such time, all collection activity must cease and desist. 
Fair Debt Collection Practices Act Under USC 1692-1692p. 


( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such : verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 3o-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 3o-day period may not overshadow or be inconsistent with the disclosure of the consumer 's right to dispute the debt or request the name and address of the original creditor. 
812. Furnishing certain deceptive forms ( a ) 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.

( b ) Any person who violates this section SHALL BE LIABLE to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter.

813. Civil liability ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of - ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but! not exceeding {$1000.00} ; or ( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$500000.00} or 1 per centum of the net worth of the debt collector ; and ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney 's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney 's fees reasonable in relation to the work expended and costs.

In conclusion, I am requesting that criminal charges to be filed against Apex Asset Management LLC and XXXX XXXX XXXX.