Consumer complaint received 2025-07-16 00:00:00
Product: Debt collection — Rental debt
Issue: Took or threatened to take negative or legal action — Seized or attempted to seize your property
Company: Michael & Associates, PC
State: CA

Complaint narrative:
Please be advised that your own records show all prior notices were mailed to the wrong address and were returned, meaning I was never afforded lawful notice or opportunity to cure. XXXX XXXX XXXXXXXX XXXX. XXXX XXXX, no HOA or third-party collector may enforce collection or legal remedies without proof of proper notice. Any attempt to apply my payments toward outside counsel, in light of this failure, constitutes a violation of my due process rights. Second Notice Unauthorized Application of Funds & Continued Collection After Dispute To Whom It May Concern : This letter serves as formal notice that your firm is continuing collection activity on a disputed debt that remains * * unvalidated * * under 15 U.S.C. 1692g ( b ). On XX/XX/year>, I lawfully disputed and demanded validation of the alleged HOA debt your firm claims to collect. Under the FDCPA, all collection activity must cease until you provide : XXXX. Proper chain of assignment or authority from the original creditor ( HOA ), XXXX. Full itemization of charges, XXXX. Copies of original signed agreements or governing documents with my signature, and 4. Verification of lawful notice per Maryland XXXX XXXX XXXX XXXX. You have failed to comply. Further, you have * * improperly applied my direct payment to the HOA * * toward your firms balance. This constitutes * * misapplication of funds * *, unjust enrichment, and deceptive collection under 15 U.S.C. 1692e and 1692f. This is your final notice to : - * * Cease all collection activity * * immediately, - * * Return this matter to the HOA directly * *, and - Refrain from any further interference in payments or correspondence between myself and the HOA. If I do not receive written confirmation of compliance within 10 calendar days, I will escalate to : - Complaint to the * * Maryland Attorney General and Office of Consumer Protection * *, and - Initiation of a * * federal claim * * under FDCPA, FCRA, and Maryland law. All rights reserved under UCC 1-308. No further contact is authorized beyond confirmation of compliance or validation documentation. Sincerely, XXXX XXXX XXXX, XXXX XXXX Secured Private Creditor / Living Woman / Executor All Rights Reserved Without Prejudice RETURN ACCOUNT TO ORIGINAL CREDITOR ( HOA ) From : XXXX : XXXX XXXX XXXX of XXXX ANY of my Personal Information Email : XXXX, XXXX Phone : XXXX Notice of Dispute, Demand to Cease Collections, and Claim of Legal Status & Rights NOTICE TO AGENT IS NOTICE TO PRINCIPAL. NOTICE TO PRINCIPAL IS NOTICE TO AGENT. This communication is made in my private capacity as a living woman, XXXX XXXX, not subject to corporate jurisdiction or adhesion contracts imposed without full disclosure or lawful authority. I reserve all rights nunc pro tunc, ab initio. Cease & Desist Issued to XXXX XXXX XXXX XXXX XXXX, XXXX. | Direct Resolution Offer Regarding HOA Account XXXX XXXX Dear XXXX, Thank you for your professional and courteous follow-up and for providing the previously undelivered violation notices and accompanying photographs. I appreciate the clarity and documentation you shared and your respectful tone during our recent conversation. As I mentioned before, times are hard I am actually in a hardship, however this being sent to collections adds additional fees that is not fair to me being that I did not receive the notice. I want to make a large payment today but directly thru HOA. This correspondence serves to notify you that as of XX/XX/year>, I, XXXX XXXX XXXX, XXXX living woman XXXX XXXX, have issued and faxed a formal cease and desist notice with demand for full debt validation to XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX response to their unauthorized and procedurally defective attempt to collect on my HOA account. Legal Summary of My Position : Failure of Proper Notice : Your office has confirmed via email today that prior violation and billing notices were sent to the incorrect address and returned, thereby depriving me of proper notice, as required under Maryland Real Property Code XXXX and XXXX. This failure renders any subsequent collection action premature and unenforceable until due process is restored. Unauthorized Third-Party Assignment : I did not consent to third-party collection activity, and the assignment of this matter to outside counsel or a debt collector without proper notice or opportunity to cure is a violation of my protected rights under the Fair Debt Collection Practices Act ( 15 U.S.C. 1692g ), the Fair Credit Reporting Act, and related statutes. Private Status Reserved : I operate in my private capacity as a secured party creditor, XXXX XXXX, and a living woman, not as a corporate fiction. All prior commercial assumptions or contracts made without full disclosure are hereby conditionally revoked and rebutted unless proven lawful with evidence of wet-ink signature or agreement under full knowledge and consent. Notice to XXXX is Notice to Principal : The notice issued to XXXX XXXX firm applies fully to your organization as the principal in this matter. All parties are now in actual knowledge of the legal deficiencies surrounding this escalation. Willingness to Resolve Directly Despite these defects, I am willing to cure the outstanding balance through direct resolution with your office only, not through third parties. I propose establishing a reasonable and flexible payment plan that acknowledges my effort to resolve the matter honorably and without further escalation. Additionally, I am taking immediate steps to correct the noted property concerns, including removal of trash bins from public view and repair of the shutter. Upon completion, I will provide visual proof as requested to resolve the open violation file. Reservation of Rights This communication is made without waiver of any rights, and I expressly reserve all remedies under XXXX XXXX, UCC XXXX XXXX Maryland XXXX, and XXXX law. I do not consent to data sharing, surveillance, or foreign jurisdiction. This notice shall not be construed as an admission of liability, but rather a good-faith effort to resolve the matter privately and equitably. Closing I appreciate your time, XXXX, and your transparency. Please confirm receipt of this correspondence and your willingness to work with me directly. I look forward to resolving this matter efficiently and restoring harmony. Warm regards, XXXX XXXX XXXX, XXXX XXXX XXXX Woman / Private Creditor All Rights Reserved Without Prejudice Reservation of Rights All rights reserved without prejudice under UCC XXXX and UCC XXXX. Any attempt to pursue this matter without fully addressing the defects stated herein shall be construed as willful misconduct, and I reserve my right to pursue remedy through administrative affidavit process, civil claims, and federal complaint. Sincerely and lawfully, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Company response to consumer: Untimely response