Consumer complaint received 2024-10-30 00:00:00
Product: Payday loan, title loan, personal loan, or advance loan — Installment loan
Issue: Problem when making payments — 
Company: RFNA, LP
State: IL

Complaint narrative:
I am writing to lodge a complaint against Republic Finance , LLC. This company placed a Default Judgment and Garnishment of Financial Institution Garnishee on XX/XX/year> and XX/XX/year>. 

1. The company in question stems from an alleged debt that the company has not substantiated. The company has engaged in misrepresentation and fraud, leading to a judgment that is unjust and unwarranted.

2. I did not receive any notification or proper notice of the proceedings related to the alleged debt, which violates my right to due process. My lack of knowledge of the proceedings prevented me from presenting any defenses or counterclaims, which undermines the integrity of the judicial process.

3. Under the Rules of Civil Procedure, a judgment may be declared void if the debtor did not receive proper notice of the proceedings. 
XXXX. On XX/XX/year>, I became aware of the default judgment against me upon receiving a summons related to financial garnishment.This notice marked the first instance in which I learned of the legal proceedings that had resulted in the judgment. 
XXXX. On XX/XX/year>, I received a letter from XXXX XXXX XXXX XXXX, notifying of a summons for garnishment of account issued by Republic Finance , LLC. The garnishment was executed without prior notification to me, which is required by O.C.G.A. 18-4-1 et seq.

6. Under O.C.G.A. 18-4-1 and subsequent sections, a creditor is mandated to notify the debtor of any garnishment action before it is executed. Specifically, O.C.G.A 18-4-2 requires that the creditor provide written notice of their intent to initiate garnishment proceedings to the debtor at least 30 days prior to filing for garnishment. This notice must be sent to the debtors last known address.

7. Republic Finance , LLC, made false representations regarding the nature and existence of the alleged debt, which misled me and contributed my inability to defend myself adequately in this matter.

9. Finance Republic, LLC, failed to follow established legal procedures in their attempts to collect the alleged debt, including : Not providing adequate documentation to substantiate the existence of the debt, Not adhering to requirements for notifying me of the claims against me.

10. The actions of Republic Finance , LLC, constitute a violation of the Fair Debt Collection Practices Act, 31 U.S.C. 3729, as they have failed to provide the requisite proof of the alleged debt and have not adhered to lawful procedures in their attempt to collect this debt.

I hereby formally declare my intent to withhold consent from any and all contracts, agreements, or binding arrangements with any third part acting on behalf of Republic Finance , LLC. This declaration is effective as of today and applies to all previously proposed or assumed contracts. I expressly declare that I do not consent to, and should not be bound by, and contract or agreement that may have been proposed or executed without my explicit, informed consent.

I demand that Republic Finance , LLC immediately cease all collection activities related to this alleged debt until proper validation and documentation are proved in full compliance with applicable federal and state laws, including but not limited to the Fair Debt Collection Practices Act ( FDCPA ) and any relevant consumer protection statutes. 

Furthermore, I request a formal investigation into the actions taken thus far to confirm adherence to all legal standards and to safeguard my rights as a consumer.

Company response to consumer: Closed with explanation