Consumer complaint received 2024-05-07 00:00:00
Product: Debt collection — Credit card debt
Issue: Took or threatened to take negative or legal action — Threatened to sue you for very old debt
Company: Robert W. Warner & Associates, P.C.
State: MI

Complaint narrative:
Dear XXXX Warner, I am writing in response to a summons I recently received concerning a lawsuit filed on behalf of RMF Asset Management , LLC regarding an alleged debt of {$950.00}. This communication serves as a formal dispute of the validity of this debt, which I have no knowledge of, and which I believe is a result of identity thefta situation supported by police reports and Federal Trade Commission documentation currently in my possession. 
Violation of the Fair Debt Collection Practices Act ( FDCPA ) : Failure to Provide Adequate Notice ( Section 809 ( a ) ) : The FDCPA requires that debt collectors provide consumers with a detailed written notice of the debt. This must include the amount of the debt, the name of the creditor, and a statement that unless the consumer disputes the validity of the debt within 30 days, the debt will be assumed valid by the debt collector. I have not received any such communication from you or XXXX XXXX  ( seller ), or the original creditor ( XXXX XXXX ), regarding this matter prior to the summons. 
Misrepresentation and Deception ( Section 807 ) : Pursuing collection activities without verifying that I am indeed the debtor, especially given my identity theft claims, constitutes a deceptive collection practice.

Unfair Practices ( Section 808 ) : Filing a lawsuit without sufficient notification and verification of the debt is an unfair practice under this section of the FDCPA.

Given these violations, and the serious impact of the alleged debt on my personal reputation and mental well-being, I am seeking an immediate dismissal of this unfounded lawsuit. The manner in which the summons was served has caused significant distress, shock to my family members, and damage to my reputation.

Claim for Damages : Due to the negligence demonstrated by RMF Asset Management , LLC/ Warner Law Firm in handling this matter, coupled with the emotional distress and reputational damage caused, I am seeking damages in the amount of {$1500.00}. This is in addition to the dismissal of the current case, which is based on what I believe to be a fraudulent claim linked to identity theft. 
I hereby demand that you provide written verification of this debt and furnish any documentation that links me to this obligation, taking into account my aforementioned identity theft situation. Should this case not be dismissed and the damages not be addressed, I will be forced to seek legal representation and will pursue all available legal remedies, including filing a complaint with the Federal Trade Commission and the Consumer Financial Protection Bureau. 
Please respond in writing within 15 days from the date of this letter to confirm that these demands will be met. Failure to respond will result in further action from my side to protect my rights and seek redress for the grievances caused by these proceedings. 
Thank you for your immediate attention to this matter.

Company response to consumer: Closed with explanation