Consumer complaint received 2024-11-25 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Portfolio Recovery Associates, LLC
State: FL

Complaint narrative:
Portfolio Recovery is suing me for a debt my ex husband owes. I provided documentation to the clerk of courts from my divorc settlement that specifically states the XXXX XXXX  is to be paid by my ex husband but since my ex husband filed bankruptcy Portfolio Recovery is ignoring the documents. Im sorry my ex husband chose to ignore his debit. My divorce settlement is legal and binding proof I do not own Portfolio Recovery any money. 

I went to court in XXXX and explained the situation then. At that time I didnt have the documents from my divorce but because I wasnt working the case was dropped. The court records state I didnt contest the debt but I most definitely did. 

This same case was reopened some time early in XXXX. I didnt know anything was taking place till I received a notice of the Claim of exemption and request for hearing. I received the notice by regular ground mail which didnt leave much time since it was mailed regular ground mail. My wages began being garnished at over {$600.00} a month, {$300.00} plus every XXXX weeks. After filing the claim of exemption with the clerk of courts XX/XX/XXXX and mailing the documents the same day I tracked the mail which arrived to the postal facility on XX/XX/XXXX and out for delivery on XX/XX/XXXX but was being forwarded back to the postal facilities XXXX or 4 times. It looks as though they never received my claim of exemption. I spoke to the clerk of courts who advised I keep the postal records. My wages were by that time being garnished and I waited to hear from Portfolio. The deadline for Portfolio Recoverys response came and went and the court sent a notice of dissolution on XX/XX/XXXX and my wages totaling over {$1200.00} was returned by my employer. 

Then XX/XX/XXXX long past their legal response time Portfolio sent their notice of answer stating they received an answer from my employer but basically disregarded my request for explanation as if they never received it which they probably didnt because of the mail game they played. But it was filed at the court house. 

The next letter received from Portfolio Im being told, after my employer returned my wages because Portfolio did not respond and ignored my continuing writ of garnishment in a timely manner that I have 20 days to respond with the continuing writ of garnishment. I already did? This is just a game which made me search for documents to prove this debt is not mine. On XXXX XXXX I went to the court house and the clerk pulled up my claim of exemption and I handed over additional documents. 

Im feeling bullied and financial hardship at the hands of Portfolio Recovery. While at the clerk of courts I filed additional documents, my divorce documents ; Liabilities and Obligations of my ex husband stating he agreed he would pay the XXXX XXXX  and shall indemnify and hold wife and her property harmless. I emailed Portfolio Recovery the documents as well as filed the documents with the clerk of court. 

As l follow on line XXXX XXXX I find another defendant of Portfolio Recoverys court documents in with my case and my name as one of the recipients which has since been removed on line although I do have a copy dated. Everything I submit is ignored by Portfolio Recovery and they continue perusing. 

On XXXX XXXX I received the plaintiffs sworn statement opposing defendants claim of exemption. Im confused because I sent the claim of exemption XXXX XXXX and Portfolio didnt respond. I received my wages back only to receive another letter telling me I did not respond. Then I received a notification that Portfolio opposes my exemption and is ignoring my marital settlement agreement as evidence to be held harmless if my ex husband chooses to not pay the debt. 

Today XXXX XXXX I received a final judgment of continuing garnishment stating, granted which by the way for a couple weeks this case was closed after I submitted the divorce agreement, now its reopened again and the garnishment is granted. As I look over the court documents all I can find after what looks like shuffling of documents being stacked in their favor is what Portfolio has filed and what my employer filed of my wages. I need help. Im exhausted. If I owed this debt I would pay it but to be bullied and run over by Portfolio Recovery is criminal. 

This is not my debt as outlined by my divorce agreement. Portfolio has ignored me and caused emotional and financial hardship. And yes I have contested all along. 

I will hire an attorney if I have to but I hope I dont because as per my request for exemption and proof of not owning the debt I already have my own financial obligations.

Company response to consumer: Closed with explanation