Consumer complaint received 2024-01-19
Product: Debt collection — Auto debt
Issue: Attempts to collect debt not owed — Debt was paid
Company: Brock & Scott, PLLC (NJ)

On XX/XX/XXXX, I received a communication from XXXX XXXX, XXXX attorney ID # XXXX acting on behalf of Brock & Scott PLLC. The unsigned letter is accompanied with an illegal attempt at service of process notice via certified mail and copies of documents of a lawsuit allegedly filed by the law firm on behalf of XXXX XXXX XXXX XXXX  as plaintiff. On XX/XX/XXXX, circa XXXX EST, I called XXXX XXXX XXXX XXXX XXXX customer service number XXXX and spoke with XXXX XXXX ID # XXXX ), XXXX XXXX ID # XXXX ) and XXXX ( ID # XXXX ). He called to find out what this lawsuit was about and not one of them had on the records why the lawsuit was filed. XX/XX/XXXX, I called again and was directed to the legal department at extension XXXX and left a message for their supervisor, XXXX to request information on how to file for arbitration, as is laid out in the contract on page 4, under ARBITRATION PROVISION. On XX/XX/XXXX, I called again to follow up for the information of filing for arbitration but was then directed to the law firm that filed the lawsuit. I left a voicemail at XXXX for XXXX XXXX asking him to return the phone call but it was never returned. I have since responded to the unauthorized lawsuit demanding the county clerk remove the lawsuit due to ( private ) mandatory arbitration. This lawsuit was filed without my knowledge nor attempt to resolve any outstanding issues prior to filing the lawsuit, which is a violation of his right to due process and the arbitration clause, specifically line 1 where it declares, EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. According to the record, XXXXXXXX XXXX XXXX XXXX has agreed that I satisfied the debt and produced a lien release letter, giving me a lien-free title. So, I do not understand why a lawsuit was filed. It appears that XXXX XXXX, XXXX attorney ID # XXXX acting on behalf of Brock & Scott PLLC is an unverified/unauthorized party who filed this lawsuit without XXXX XXXX XXXX XXXX XXXXXXXX knowledge and using the XXXX XXXX XXXX to disable me of my property when there is no dispute. XXXX XXXX, XXXX attorney ID # XXXX acting on behalf of Brock & Scott PLLC needs to produce a retainer agreement from an authorized executive at XXXX XXXXXXXX XXXX XXXX Furthermore, the XXXX XXXX XXXX chose to ignore my demand for removal due to mandatory arbitration filed well-within the time necessary to make all parties aware that theres a contract in place forbidding XXXX XXXX XXXX in this private matter. Attached is a copy of the filing and the registered mail receipt as well as who signed for the package. As of XX/XX/XXXX, a XXXX XXXXXXXX XXXX granted a judgment for the unverified attorney allegedly acting on behalf of XXXX XXXXXXXX XXXX XXXX  granting them permission to cease my property. XXXX XXXXXXXX XXXX XXXX. is now responsible for committing fraud because they sold my contract/note to an unauthorized third party in the secondary market, when they only had the ability to transfer it on the primary market. Furthermore, the debt on the primary market has been discharged and accepted by the Internal Revenue Service, using form 1099-A. The Consumer Financial Protection Bureau prohibits debt collectors to collect debts that have been discharged in the Federal jurisdiction. Attached is proof that the IRS approved my discharge request. Again, my right to arbitration has been abridged.