Consumer complaint received 2025-09-22 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Marcadis Singer PA
State: FL

Complaint narrative:
XXXX XXXX XXXX NOTICE OF UNLAWFUL COLLECTION ACTIVITY & CEASE AND DESIST To : Marcadis Singer, P.A. 
Attn : XXXX XXXX, XXXX. 
XXXX XXXX XXXX XXXX. 
XXXX XXXX XXXX  From : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Date : XX/XX/XXXX XXXX XXXX XXXX issues this Notice in response to the unlawful collection attempts directed at it concerning the alleged account ending in XXXX. The XX/XX/XXXX correspondence from Marcadis Singer, P.A. constitutes unlicensed collection activity in the State of XXXX, and further demonstrates a lack of lawful authority, ownership, or standing to pursue this matter. 

XXXX ) Immediate Licensing/Authority Defect Unlawful Collection Activity Public records from the XXXX  Division of Corporations XXXX XXXX ) show that XXXX XXXX XXXX has been a XXXX professional association since XX/XX/XXXX ( XXXX XXXX. XXXX, XXXX XXXX XXXX. While this establishes corporate existence, it does not constitute or substitute for a license to engage in debt-collection activity under Florida law XXXX 
A documented search of the Florida XXXX XXXX XXXX XXXX REALSystem ( performed on XX/XX/XXXX, at XXXX PM ) confirms that XXXX XXXX, XXXX. holds no active registration or license authorizing it to collect debts in the XXXX of Florida. 
Accordingly, every attempt this firm has made to collect debts in Florida including the XX/XX/XXXX letter sent in this matter constitutes unlicensed and unlawful collection activity in violation of Chapter XXXX, Florida Statutes. This is not a minor defect. It is a systemic, decades-long violation. 
The severities are as follows : The Florida XXXX XXXX XXXX XXXX ( XXXX ) XXXX impose administrative fines up to {$10000.00} per violation and {$1000.00} per day for each day of unlicensed activity. 


XXXX XXXX issue a summary suspension or cease-and-desist order, immediately halting all of your firms collection operations statewide. 


Unlicensed collection is a violation of the Florida XXXX XXXX Practices XXXX ( XXXX ), exposing you to civil liability, actual damages, statutory damages, court costs, and attorneys fees for each debtor targeted. 


Knowingly engaging in unlicensed debt collection rises to a second-degree misdemeanor under Florida law XXXX 


Because you have been registered as a Florida XXXX. since XXXX, yet still failed to obtain proper OFR licensing, this suggests a long-standing, willful pattern of unlawful activity, potentially affecting thousands of Florida consumers and businesses over nearly XXXX decades. 


Such conduct also subjects the attorneys involved to disciplinary action by the Florida XXXX for engaging in unlawful and unethical debt collection practices. 



XXXX ) Ownership of the Alleged Obligation Proof of Assignment or Debt Extinguished Even if your firm were properly licensed to collect debts in Florida which it is not you still can not lawfully collect unless XXXX Bank either : Still owns the account, or Executed a valid, documented transfer to a subsequent owner who has authorized you to act. 


If XXXX still owns this account, only XXXX ( or its properly appointed and documented servicing agent ) XXXX enforce it. If XXXX sold, securitized, or otherwise transferred this account, then the only way any collection is lawful is through a complete, authenticated chain of title. 
If that chain can not be produced, then the alleged obligation has been extinguished. Simply put : no owner = no debt = no enforcement. 
To establish lawful ownership and authority to collect, the following specific documents must be produced, in certified and authenticated form : Original Assignment or Sale Agreement from XXXX Bank Signed by an authorized Truist XXXX. 


Must specifically identify account number XXXX and borrower/obligor name. 


Must include the date of transfer, consideration paid, and effective date. 


Every Subsequent Assignment or Bill of Sale Each intermediate assignment must include schedules showing this account by number and obligor. 


Must clearly identify assignor, assignee, and date. 


Purchase Agreement ( XXXX ) or Forward Flow Agreement ( XXXX ) Including Schedule A or equivalent documentation proving this account was part of the specific transfer batch. 


Generic spreadsheets or unverifiable account listings are insufficient. 


Pooling & Servicing Agreement ( XXXX ) or Trust Documents ( if securitized ) Full XXXX and closing memorandum, with trustee acceptance and trust schedules showing this accounts inclusion. 


XXXX XXXX of Current Owner Signed under penalty of perjury by an authorized officer of the present creditor.

Must certify that they are the lawful owner, that no further assignments exist, and that your firm is authorized to collect. 


Without these documents, you have no standing to collect, enforce, or even communicate regarding this alleged debt. Any further attempt to do so will constitute a false representation of ownership and authority. 

3 ) Standing and Authority to Act Challenge to Representation Even if your firm were ( a ) properly licensed in Florida, and ( b ) able to prove an unbroken chain of ownership from Truist to a current creditor you would still have no lawful basis to contact XXXX XXXX XXXX or demand payment without producing documented proof that you personally have standing to act on behalf of the alleged owner. 
A law firm can not simply declare itself authorized. It must produce valid, contemporaneous documentation granting that authority. Letterhead is not proof. 
To establish standing and lawful authorization, you must produce the following : Retention / Engagement Agreement Fully executed contract between your firm and the current creditor, expressly authorizing Marcadis Singer, P.A. to act in Florida for this account. 


Must identify the account by number and obligor. 


Power of Attorney ( if applicable ) POA instrument showing scope, authority, and effective dates. 


Must be notarized or certified consistent with Florida law. 


Affidavit of Authorization Sworn and notarized affidavit from the current owner, stating that Marcadis Singer, P.A. is duly retained to collect, litigate, and enforce this specific account. 


XXXX / XXXX XXXX If litigation is pending, provide docketed proof of representation, including notice of appearance and authority filed with the court. 


Absent these documents, you have no standing to contact XXXX XXXX XXXX. Any further attempts to demand payment or report alleged debt without proof of authorization will constitute a false representation of authority in violation of Florida law and professional ethics. 

CEASE AND DESIST DEMAND You are hereby ordered to immediately and permanently CEASE AND DESIST all collection activity in the State of XXXX  relating to this account. This includes, but is not limited to : Sending collection letters ; Filing or threatening to file lawsuits ; Initiating garnishments or liens ; Reporting or threatening to report information to any credit reporting agency ; Contacting XXXX XXXX XXXX or its representatives for any purpose other than providing the required written confirmation of termination of all collection efforts. 
Self-Admission as a Debt Collector Your own written correspondence of XX/XX/XXXX, expressly identifies MARCADIS SINGER, P.A. as a debt collector. This self-designation places you squarely under the licensing requirements of XXXX  law XXXX 
XXXX  XXXX XXXX ( XXXX ) provides : A person may not engage in business in this state as a consumer collection agency or continue to do business in this state as a consumer collection agency without first registering with the XXXX XXXX XXXX XXXX. 
While individual attorneys are exempt when merely representing clients within the scope of their own legal practice, law firms acting as debt XXXX on behalf of creditors, lenders, or debt buyers are not exempt. The XXXX XXXX and the XXXX XXXX XXXX XXXX have made clear that any entity that holds itself out as a debt collector whether law firm or otherwise must be duly registered. 
By admitting to debt-collector status while lacking the required OFR Consumer Collection Agency Registration, MARCADIS SINGER, P.A. has confirmed in its own words that it has been unlawfully operating in Florida for decades, in direct violation of Chapter XXXX, Florida Statutes. 


In addition, within ten ( 10 ) days of receipt of this Notice, you are required to provide written confirmation to XXXX XXXX XXXX that all collection efforts have been permanently terminated and that no further action will be pursued on this alleged debt and account. Failure to provide such confirmation within the stated time frame will be deemed acknowledgment that all collection efforts have been terminated. 
Be further advised : if XXXX Bank has retained you or transferred this account while you are engaged in unlawful, unlicensed debt-collection activity in Florida, XXXX itself may be liable for conflict of interest, aiding and abetting unlawful practices, and knowingly working with an entity prohibited from collection under Florida law XXXX That liability attaches directly to XXXX as the original creditor and can not be disclaimed by delegation. 

Recorded Evidence of Non-Licensure Be further advised that the documented OFR REALSystem searches conducted on XX/XX/XXXX, at XXXX PM and XXXX PM have already been preserved and recorded for evidentiary purposes. This locks in your status at that time as an unlicensed debt collector in Florida. It is also a matter of record that from the date of your incorporation on XX/XX/XXXX, until the present, MARCADIS SINGER, P.A. has never obtained the required XXXX XXXX XXXX XXXX with the XXXX  XXXX XXXX XXXX XXXX. 

You can not retroactively cure nearly XXXX decades of systemic violation by attempting to rush for a license now. Every collection letter issued, every lawsuit filed, every garnishment pursued, and every judgment obtained in that time was conducted without lawful authority. Any belated attempt to obtain a license will not erase this unlawful history ; instead, it will serve as further evidence of bad faith, willful misconduct, and long-standing noncompliance with XXXX  law XXXX 
XXXX XXXX XXXX XXXX for XXXX XXXX Liability ( Florida XXXX. XXXX ) Even if XXXX does not make the collection call itself, it is vicariously liable for the conduct of its agents and contractors. 


Each violation could expose XXXX  to actual damages, statutory damages ( {$1000.00} per debtor ), plus attorneys fees and costs. 


XXXX  XXXX XXXX XXXX XXXX XXXX XXXX ) XXXX XXXX XXXX be investigated for aiding and abetting unlicensed collection under XXXX. 


XXXX can impose administrative fines up to {$10000.00} per violation or {$1000.00} per day of unlawful activity. 


Conflict of XXXX XXXX XXXX XXXX XXXX XXXX to place or sell accounts with an unlicensed firm constitutes an unfair or deceptive trade practice under XXXX, XXXX. XXXX. 


This opens XXXX to civil penalties ( {$10000.00} per willful violation ) and private lawsuits by consumers. 


Federal Law Exposure ( FDCPA & CFPB ) While the FDCPA primarily governs third-party collectors, the CFPB can hold creditors accountable for knowingly engaging agents who act unlawfully. 


Penalties can include consent orders, restitution to consumers, and millions of dollars in fines. 


XXXX XXXX XXXX XXXX XXXX XXXX is unlicensed, any judgments, garnishments, or liens it obtained may be voidable. 


This exposes XXXX to claims for wrongful garnishment, unlawful lien, or unjust enrichment. 



Accordingly, both Marcadis Singer, P.A. and XXXX Bank are on notice : further attempts to collect or enforce this alleged debt will compound liability. 
Any further collection activity after receipt of this Notice will be treated as a knowing and willful violation of XXXX  law, compounding your liability and enforcement exposure. XXXX XXXX XXXX expressly reserves all rights to pursue damages, penalties, and disciplinary complaints with the XXXX  XXXX, the XXXX XXXX XXXX XXXX, the CFPB, and the courts. 

XXXX XXXX XXXX Representative XXXX XXXX XXXX

Company response to consumer: Closed with explanation