Consumer complaint received 2025-10-14 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: Suttell, Hammer & White, P.S
State: CA

Complaint narrative:
On XX/XX/year>, I received a collection letter from Suttell & Hammer, APC attempting to collect an alleged XXXX XXXX XXXXXXXX XXXX  account ending in XXXX, for {$65000.00}. 

This same account was previously disputed as identity theft and removed from my XXXX XXXX  and XXXX credit reports after investigation. I previously filed CFPB Case No. XXXX concerning the same account when it was handled by XXXX XXXX XXXX XXXX, and that firm ceased collection after reviewing my documentation. 

When Suttell & Hammer began contacting me, I mailed a certified Debt Validation and Cease-and-Desist letter on XX/XX/year>, enclosing : My FTC Identity Theft Report for the XXXX XXXX account ; Proof of credit-bureau deletion In their response to my CFPB complaint dated XX/XX/year>, Suttell & Hammer admitted the account was placed for litigation by XXXX XXXX. They claimed that XXXX XXXX rejected my identity-theft report because of payments allegedly made from a bank account in my name. 

That statement is inaccurate. The bank account used to make those payments was fraudulently opened in my name without my knowledge or authorization. 
I have filed a separate FTC Identity Theft Report and sworn affidavit for that account a XXXX XXXX XXXX account ( Account No. XXXX ) confirming it was opened and used fraudulently. 

Therefore, the only evidence XXXX XXXX relied upon to deny my fraud claim is itself based on another confirmed identity-theft incident. 

Despite these facts, Suttell & Hammer and XXXX XXXX have not produced : Any signed contract or credit-card agreement bearing my signature ; Any itemized statements or records proving I used or benefited from this account ; Any bill of sale or assignment proving their authority to collect ; or Any proof linking the alleged account activity to accounts legitimately belonging to me. 
Under the Fair Debt Collection Practices Act ( 15 U.S.C. 1692g ( b ) ), the Fair Credit Reporting Act ( 15 U.S.C. 1681c-2 ), and California Civil Code 1788.18, a collector must cease all collection including litigation until valid evidence is provided. Their current conduct does not satisfy these requirements and improperly shifts the burden of proof onto me, contrary to law. 

Requested Action I respectfully request that the CFPB : XXXX Suttell & Hammer XXXX and XXXX XXXX XXXX Bank to cease all collection and litigation activity until full, document-based validation is produced. 

Require the collector and creditor to provide all supporting documents including any signed agreements, statements, or proof of assignment demonstrating that I legitimately owe this debt. 

Note for the record that both the XXXX XXXX account and the XXXX XXXX XXXX account used to make alleged payments are subject to active FTC Identity Theft Reports and affidavits. 

Ensure that neither Suttell & Hammer nor XXXX XXXX re-reports the disputed account to the credit bureaus without conclusive verification.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation