Consumer complaint received 2025-07-25 00:00:00
Product: Debt collection — I do not know
Issue: False statements or representation — Attempted to collect wrong amount
Company: Lockhart, Morris & Montgomery Inc.
State: FL

Complaint narrative:
Notice of Dispute and Demand for Validation of Debt Pursuant to 15 U.S.C. 1692g, 15 U.S.C. 1692e, UCC 3-501, 3-505, and Other Applicable Law To Whom It May Concern, This letter serves as a formal demand for validation of the alleged debt you claim is owed, in accordance with my rights under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 et seq., specifically 1692g ( b ) and 1692e ( 8 ), and pursuant to Uniform Commercial Code ( UCC ) 3-501 ( b ) ( 2 ) and 3-505, governing presentment, notice of dishonor, and discharge of negotiable instruments.

Please be advised that I dispute your claim in its entirety. I am demanding the strictest form of verification under both federal and commercial law to substantiate the existence, ownership, and enforceability of the alleged obligation.

In accordance with the aforementioned laws, I demand the following : 1. A full accounting and itemized statement of the alleged debt, identifying : The original creditor and the date of origination.

All assignments and transfers of interest ( chain of title ).

The nature of the consideration constituting the alleged indebtedness.

2. A copy of the original signed instrument giving rise to the alleged obligation under UCC 3-401 ( a ) and 3-309 if the original is purported lost.

3. Proof of your lawful standing to collect the debt, including all agency agreements or contracts demonstrating authority to act on behalf of any assignee or assignor, pursuant to 15 U.S.C. 1692e ( 2 ) and Restatement ( Third ) of Agency 2.01.

4. Verification that the alleged debt has not been paid or discharged via any means, including set-off, novation, or operation of law under UCC 3-603 , 3-601, and applicable equitable doctrines.

5. A sworn affidavit from a competent fact witness with personal knowledge attesting to the validity, ownership, and amount of the debt in question, in accordance with Federal Rules of Evidence 602 and 803 ( 6 ).

6. Disclosure of any credit reporting activity taken by your agency or its agents regarding this account, and the basis for such reporting. Be advised that reporting unvalidated debts may constitute a violation of 15 U.S.C. 1692e ( 8 ) and Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681s-2 ( b ).

7. A statement confirming whether the debt is governed by any arbitration clause or dispute resolution provision, and if so, a certified copy of the contract containing such a clause, as this may limit litigation jurisdiction under the Federal Arbitration Act, 9 U.S.C. 114.

-- - Legal Notice of Rights Failure to provide full validation of the alleged debt as described above will constitute your waiver of claim and an admission that no legal obligation exists. Per 15 U.S.C. 1692g ( b ), collection efforts must cease until validation is provided.

Please also be advised that any continued attempt to collect without proper validation may be construed as : Material misrepresentation, in violation of 15 U.S.C. 1692e ( 2 ), ( 5 ), and ( 10 ).

Unfair practices, prohibited by 15 U.S.C. 1692f.

Deceptive trade practices, as defined under applicable state consumer protection statutes.

A violation of UCC Article 9, if the debt involves a security interest and is not substantiated by a proper authenticated security agreement. 


Relevant Case Law ( Updated ) XXXX XXXX XXXX XXXX & XXXX XXXX, XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX. XXXX ) Debt XXXX must cease collection until validation is provided when timely requested. 

XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX. XXXX XXXX. XXXX ) A collector who fails to validate a debt violates the FDCPA and risks civil liability. 

XXXX XXXX XXXX, XXXX, XXXX & XXXX, XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) Even minimal misstatements about a debt can give rise to FDCPA violations. 

XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ) Debt collection letters must not be misleading or overshadow the consumers right to dispute within 30 days. 

XXXX v. XXXX  XXXX. XXXX, XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ) The burden of proving the validity of a debt rests with the party asserting the obligation. 



-- - Reservation of Rights This correspondence shall not be construed as an admission of liability or a waiver of any rights, defenses, or legal remedies available to me, whether at law or in equity. I reserve the right to compel arbitration, seek damages, and file complaints with the Consumer Financial Protection Bureau ( CFPB ) and Federal Trade Commission ( FTC ) under 12 U.S.C. 5565, should unlawful conduct persist.

You are further placed on constructive and actual notice that any failure to comply in good faith with this validation request will be documented and may be introduced as evidence in future proceedings.

You have 30 days from receipt of this notice to provide the required documentation in full.

Respectfully,

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation