Consumer complaint received 2025-12-04 00:00:00
Product: Debt collection — Rental debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: Kimball, Tirey & St. John LLP
State: CA

Complaint narrative:
Date : XX/XX/XXXXXXXX  To : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Veterans Housing Kimball , Tirey & St. John LLP ( Debt Collector ) RE : FORMAL DISPUTE OF ALLEGED DEBT, FDCPA VALIDATION REQUEST, VAWA PROTECTION ASSERTION, & NOTICE OF RETALIATORY HOUSING ACTIONS To Whom It May Concern : I am writing to formally dispute the alleged rental balance referenced in your recent notices and debt-collection letter. This letter serves as : Dispute of Debt Under the Fair Debt Collection Practices Act ( FDCP

A ), 15 U.S.C. 1692 et seq. Dispute Under the California Rosenthal Fair Debt Collection P
ractices Act, Civil Code 1788 et seq. 

VAWA Housing Protection Assertion ( 34 U.S.C. 1247112491 ; 24 C.F.R. 5.2005 ) Notice of Retaliatory Conduct Under California Civil Code 1942.5 Notice of Managements Repeated Refusal to Accept Lawful Rent Payments Cease and Desist Demand Regarding All Collection and Eviction-Related Activity 1. FORMAL DISPUTE OF ENTIRE ALLEGED DEBT ( FDCPA + ROSENTHAL ) Pursuant to 15 U.S.C. 1692g ( b ) and Civil Code 1788, I dispute the alleged debt in its entirety. 

You must immediately cease : All collection activity All reporting All threats All notices Any forwarding of this debt until you provide full validation of the alleged balance. 

Specifically, provide : A full, itemized accounting of every charge you claim is owed. 

Documentation showing how the amount was calculated. 

A copy of my original signed lease agreement. 

Documentation of any alleged rent increases and proof they were legally authorized. 

Proof that such rent increases were served to me properly. 

Proof that XXXX XXXX XXXX XXXX is legally assigned as my landlord or creditor. 

A copy of any assignment agreement between XXXX and XXXX. 

Until you provide this documentation, you are forbidden by federal law to continue collection efforts. 

2. DOCUMENTATION OF RENT TENDER + MANAGEMENTS REFUSAL I have tendered my lawful rent of {$1700.00} ( consistent with my signed lease ) at least four times, accompanied by declarations under 28 U.S.C. 1746.

Management : Rejected each lawful rent payment Stated they do not accept partial rent Attempted to enforce a disputed and illegal rent increase Then reported this artificially manufactured arrears to a third party Any alleged balance is not due to failure to pay, but due to managements refusal to accept lawful tender, which is legally recognized as : Unclean hands Bad faith Retaliatory conduct Manufactured default You can not refuse rent and then claim a debt exists. 

3. PUBLIC POSTING OF ALLEGED DEBT CONFIDENTIALITY VIOLATION A 30-day pay or quit notice was taped openly to my door, not in an envelope, exposing : Alleged rent amounts My personal financial information My address My tenancy status to neighbors, delivery personnel, and the general public. 

This violates : HUD confidentiality rules Privacy laws VAWA confidentiality mandates ( 24 C.F.R. 5.2007 ) California Civil Code 1940.2 ( harassment & exposure of personal data ) This act is humiliating, retaliatory, and unlawful.

4. VAWA PROTECTION ASSERTED EVICTION & COLLECTION MUST STOP NOW I am a resident in HUD-/veterans-supported housing, and I am asserting my full rights under : VAWA 2013 34 U.S.C. 12491 24 C.F.R. 5.2005 ( b ) HUD Occupancy Rights Forms 5380, 5382 Under these federal laws : You may NOT : Evict Threaten eviction Terminate housing Transfer account to a third party Pursue collections Disclose personal information Retaliate Post notices publicly until a XXXX review is completed. 

Therefore, any eviction attempt, collection action, or transfer of the debt is frozen under federal law. 

5. RETALIATION NOTICE CALIFORNIA CIVIL CODE 1942.5 I am in active, ongoing litigation with XXXX. 

Under California Civil Code 1942.5 : A landlord may not retaliate by issuing : Pay or Quit notices Rent increases Eviction threats Transfers to collections Harassment Privacy violations within six months of a tenant engaging in protected activity, including : Filing a lawsuit Making complaints Disputing unlawful rent increases Exercising legal rights Your 30-day notice constitutes per se retaliation. 

6. CEASE AND DESIST DEMAND Effective immediately, you are ordered to CEASE : All attempts to collect disputed debt All eviction-related notices All communications that violate confidentiality All reporting to credit bureaus All transfers of my account All harassment and retaliation Failure to comply may result in : Federal XXXX enforcement HUD complaints and sanctions California XXXX XXXX XXXX penalties under CC 1942.5 Injunctive relief Claims for emotional distress and damages Attorneys fees 7. REQUIRED RESPONSE Under FDCPA and Rosenthal law : You may not take any further action until proper validation is provided. 
You must stop collection immediately and remove any false information already reported immediately, You must acknowledge receipt of this dispute. 
Any attempt to remove me without a court order and sheriff execution of a writ constitutes an illegal self-help eviction under California Civil Code 789.3 and Penal Code 418, exposing you to criminal and civil penalties. Under VAWA ( 34 U.S.C. 1247112491 ) and HUD regulations ( 24 C.F.R. 5.2005 ), all adverse housing actions including eviction, collection, debt transfer, or termination of tenancy are frozen until VAWA review and documentation procedures are completed. Any violation constitutes federal noncompliance. California Civil Code 1942.5 prohibits landlords from issuing notices, demanding rent, threatening eviction, or retaliating against tenants who have filed a legal action. This renders your 30-day notice void and unenforceable. Under 15 U.S.C. 1692g ( b ), the alleged debt is disputed. You are required to cease ALL collection, reporting, and enforcement activity until full validation is provided.Please take notice : It is unlawful under California law to engage in any form of self-help eviction. 
Any attempt to : remove me from the unit, enter without lawful notice, change locks, remove belongings, shut off utilities, or intimidate me into leaving without a court-issued Unlawful Detainer judgment and sheriff-executed writ, is a violation of California Civil Code 789.3 and Penal Code 418.

Additionally, under VAWA ( 34 U.S.C. 1247112491 ) and HUD regulations ( 24 C.F.R. 5.2005 ), all adverse housing actionsincluding eviction, debt collection, tenancy termination, or reporting of alleged arrearsare frozen until VAWA review is completed. 

Under California Civil Code 1942.5, any action taken within six months of my protected activities ( including litigation initiated against XXXX ) is presumed retaliatory and void. 

Under the FDCPA ( 15 U.S.C. 1692g ( b ) ) and Rosenthal Act, the alleged debt is disputed and all collection, reporting, or enforcement must cease immediately until validation is produced.

Signed : /XXXX : Rives All Rights Reserved, Without Prejudice XXXX, California

Company response to consumer: Closed with explanation