Consumer complaint received 2025-03-21 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Law Office of Michael J. Scott, PC
State: TX

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX # XXXX XXXXXXXX XXXX  XXXX XXXX XX/XX/year> Consumer Financial Protection Bureau XXXX. XXXX XXXX XXXXXXXX XXXX XXXXXXXX Subject : Formal Complaint Against Scott & Associates for Failure to Provide Proper Debt Validation To Whom It May Concern, I am writing to formally file a complaint against Scott & Associates , a debt collection agency attempting to collect a debt they claim I owe to XXXX  XXXX, XXXX. Their response to my request for debt validation does not meet the legal requirements under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g.

On [ date you requested validation ], I submitted a formal request for validation of the alleged debt referenced under file number XXXX, as indicated in the letter I received from Scott & Associates dated XXXX XXXX XXXX. However, instead of providing legitimate proof of ownership or legal assignment of the debt, they merely sent me past billing statements from XXXX XXXX. This is insufficient as it does not establish their legal right to collect the debt. 

Issues with Their Response : Lack of Proper Debt Validation According to the FDCPA, a debt collector must provide adequate proof that they have the legal right to collect a debt. Simply sending past billing statements from XXXX XXXX does not constitute valid verification. A proper validation should include : A copy of the signed agreement or contract that I allegedly entered into with XXXX XXXX. 
Proof of assignment showing that Scott & Associates has the legal right to collect on behalf of XXXX XXXX or that they own the debt outright. 
A full accounting of how the alleged balance of {$8200.00} was calculated, including interest, fees, and payments. 
Failure to Provide Proof of Ownership If XXXX XXXX has charged off the debt, Scott & Associates must provide evidence that they legally acquired the debt from XXXX  XXXX. If they are collecting on behalf of XXXX XXXX, they must show an unbroken chain of assignment. Without this proof, I have no assurance that Scott & Associates has any legal standing to demand payment from me. 

Failure to Provide IRS Form 1099-C for Charged-Off Debt If XXXX  XXXX wrote off this debt and sold it, they should have issued me a 1099-C Cancellation of Debt form, as required by the Internal Revenue Service ( IRS ) for debts exceeding {$600.00} that have been forgiven or deemed uncollectible. The absence of this form suggests that the debt may have been resolved by XXXX XXXX or improperly handled. 

Possible Violation of the FDCPA Under 15 U.S.C. 1692e, it is illegal for debt collectors to use false, deceptive, or misleading representations to collect a debt. By failing to provide legally required documentation and instead sending irrelevant billing statements, Scott & Associates may be attempting to deceive me into making payments on an unverified or illegitimate debt. 

Resolution Requested : I respectfully request that the CFPB investigate Scott & Associates for potential violations of federal law, including : Their failure to properly validate the alleged debt.

Their failure to provide proof that they have a legal right to collect on behalf of XXXX XXXX. 
Their failure to provide a 1099-C form if XXXX XXXX has deemed this debt uncollectible. 
Additionally, I request that Scott & Associates immediately cease all collection activities related to this account until they have provided complete and legally sufficient validation. 

Please inform me of the next steps in this complaint process. I appreciate your assistance in ensuring that debt collectors operate within the bounds of the law and that consumers are protected from deceptive or unfair collection practices. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation