Consumer complaint received 2024-05-05
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Adler Wallach & Associates, Inc. (NM)

I am sending this letter to you in response to a notice sent to me regarding the above referenced account. Be advised that I am not refusing to pay, but I am sending you this NOTICE ; a. ) You are in receipt of this NOTICE sent pursuant to the Fair Debt Collections Practices Act regarding the above referenced account and in accordance with the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 b. ) I hereby DISPUTE the validity of the alleged debt claimed that was last verified on XX/XX/year>. 
This is NOT a request for verification, proof of my past payments, statements, or my mailing address, but a request for VALIDATION made pursuant to the above-named Title and Section. I respectfully request that your offices provide me with competent evidence that I have a legal obligation to pay you.

Under the FDCPA, I have the right to request validation of the alleged debt you say may be owed to you. I am requesting proof that I am indeed the party you are aski
ng to pay this debt, and there is some contractual obligation which is binding on me to pay this debt to you.

You should be aware that reporting such invalidated information to any major credit bureau may constitute defamation of character, as the negative marks on my credit report harm my credit and prevent me from enjoying all the benefits of good credit. In addition, until you can provide me with proper validation of this debt, you are not allowed to pursue any collection activities, including reporting this information on my credit report. I am sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC for fraud and other state or federal agencies. 
DEMAND : I hereby DEMAND that you provide me with the following verified ( sworn to by affidavit ) documentary evidence in substantiation of your alleged debt claim.

1. CERTIFICATION OF AUTHORITY : Please provide ( a ) : verified certificate of authority, or fictitious/assumed name certificate from the State of New Mexico authorizing your firm, AWA Collections , to transact business in the State of New Mexico XXXX 
( b ) : your license number ( s ) and Registered Agent.

2. AUTHORIZATION CONTRACT : Please send me a verified ( sworn to by Affidavit ) copy of the contract your firm has with the original creditor authorizing your firm to engage in collection activities on their behalf against the above alleged account, and naming you as an authorized collection agent/claims adjuster.

3. AFFIDAVIT OF CLAIM : Please send me a commercial affidavit, sworn to be true, correct, and complete, upon the commercial liability of a properly identified officer employee, or agent, hereinafter XXXX, stating that : a. ) said creditor is the HOLDER IN DUE COURSE of the above referenced account. 
b. ) XXXX is authorized to ASSERT A CLAIM on behalf of the alleged original Creditor. 
XXXX ) XXXX has PERSONAL FIRST HAND KNOWLEDGE regarding the fact of the alleged account and is the original XXXX of the books of entry, or directly supervises said original XXXX of the records. 
XXXX. ORIGINAL CONTRACT : Please send me a verified copy both FRONT and BACK of the alleged ORIGINAL contract/agreement/promissory note in its entirety, including any application, accompanied by a commercial affidavit, sworn to be true, correct, and complete, upon the commercial liability of a properly identified and authorized officer, employee, or agent of the alleged original creditor who states that he/she has PERSONAL FIRST HAND KNOWLEDGE that said front and back verified copy is that of the original alleged contract/agreement/promissory note. 
XXXX. COMPLETE BOOKEEPING ENTRIES : Please provide the original account and general ledger statement showing the full accounting of the alleged obligation you are attempting to collect has not been paid, accompanied by a commercial affidavit by the original XXXX of the books and records sworn to be true, correct, and complete, upon his or her commercial liability. 
XXXX. Please verify under penalty of perjury, that as a debt collector, you have not purchased evidence of debt and are proceeding with collection activity in the name of the original alleged creditor. 
XXXX. Please verify under penalty of perjury that you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity. 
XXXX. Please verify under penalty of perjury that you know and understand that auto insurance polices are a series of continuing offers to contract and as such are nontransferable. 
XXXX. Please verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the alleged debt may constitute MAIL FRAUD and a complaint will be filed with the U.S. Postal Inspection Service and the F.T.C. pursuant to applicable law and any litigation that ensues will name you in your personal capacity as defendant. 
At this time, I will also inform you that if your offices have reported invalidated information to any of the XXXX major Credit Bureaus XXXX XXXX, XXXX, or XXXX ) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent, I will not hesitate in bringing legal action against you, Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character If your office can provide the proper documentation as requested in this Declaration, I will require at least 30 days from receipt, to investigate this information and during such time all collection activity must cease and desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing of any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. Until this account is validated, please remove this alleged account from the credit reporting agencies. 
As an act of good faith, I am extending to you thirty ( 30 ) days from the receipt of this notice to perform in compliance with the requested demands. If your office fails to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. Your failure to perform will involve the legal concepts of acquiescence and admission whereby the alleged debt is admittedly invalid and thereby repudiated in its entirety. In the interim you are prohibited from any contact with the undersigned except in writing and only in regards to the matter herein expressed. 
I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your office ( XXXX ) attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose. 
XXXX XXXX