Consumer complaint received 2025-10-20 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: Consuegra & Duffy, P.L.L.C.
State: FL

Complaint narrative:
This company sue me and the name is not me and the judge in their favor. I was never served, they served my daughter and until this day she doesnt recall. They garnished my wages with the wrong name and the same judge who did the judgemenet in 2021 is the same judge that ruled in their favor. The law suit name is wrong, the name thry sent my bank is also wrong in which I explained to the judge and their attorney. I would like to file a suit against to these people and have my real name vidacted. 

I left phone messages and sent email and they have not responded, see below request sent to Consuegra & Duffy, P.L.L.C XXXX XXXX XXXX, XXXX FL XXXX Dear Sir/Madam, I am writing to formally dispute the lawsuit referenced in your letter regarding Case # XXXX, as well as the garnishment of {$3600.00} from my wages. The lawsuit appears to be based on a case of mistaken identity, as the individual being sued is listed as " XXXX XXXX, '' whereas my correct name is XXXX XXXX. This suggests that I am not the person responsible for the debt, nor have I authorized any actions related to this case. 

Additionally, I am concerned that this issue may be a case of identity theft or unauthorized use of my information, which would be in direct violation of the Fair Credit Reporting Act ( FCRA ) and related Federal Trade Commission ( FTC ) guidelines. I demand the following : Contract with My Correct Name and Signature : Please provide a copy of the original contract with XXXX Bank or XX/XX/XXXXXXXX XXXX, reflecting my correct name, XXXX XXXX, and my signature. This will help verify the legitimacy of the debt and confirm that I am the individual responsible for this obligation. 

Clarification of the Amounts : The original judgment lists {$1400.00}, whereas your most recent communication lists {$2100.00}. Please explain the discrepancy between these amounts, providing a detailed breakdown of the debt, including principal, interest, and fees. 

Proof of Service : I was never formally served with legal papers, and as such, I was unable to respond to the lawsuit. Please provide documentation proving that I was properly served with the legal papers. 

Immediate Release of Garnished Funds : Since the garnishment appears to have been based on mistaken identity, I demand the immediate return of the {$3600.00} that was wrongfully garnished from my wages. 

Cease Collection Activities : I request that all collection actions related to this case be immediately suspended, including any further garnishments, until this issue is resolved. 

Violation of FCRA and FTC Guidelines : This issue may also fall under identity theft as outlined by the Fair Credit Reporting Act ( FCRA ), which provides protections against the use of an individual 's personal information without authorization. I believe that this situation violates several key sections of the FCRA : FCRA Section XXXXc : This section mandates that negative information ( such as debts and collections ) must be accurate. The use of an incorrect name and identity suggests noncompliance with this provision. 

FCRA Section XXXXi : As the information about the debt is clearly incorrect, I request an immediate investigation and correction of these inaccuracies. I also demand that you inform all reporting agencies ( including credit bureaus ) of this dispute, as required by the FCRA. 

FCRA Section XXXX : This section prohibits furnishing inaccurate information to credit reporting agencies. It is clear that the information being provided about this debt, in relation to my name, is inaccurate and violates this section. 

FTC Fraud & Identity Theft Report : I have already filed a fraud report with the Federal Trade Commission ( FTC ) and would like you to immediately investigate this matter as a potential case of identity theft. If this is found to be a case of identity theft, I expect a complete resolution of the matter. 

Please respond in writing with the requested documentation, including proof of identity, verification of the debt, and confirmation of the garnishment reversal. If I do not receive a response or if this issue is not resolved promptly, I will have no choice but to take further legal action to recover the garnished funds and clear my name. 

Thank you for your immediate attention to this matter. 

Sincerely,

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