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I am in receipt of a fraudulent notice of default with a demand for the payment of past due monies from a debt collector named XXXX XXXX XXXX, threatening to place a lien on my homestead. Debt collectors can not make false or misleading statements. For example, they can not lie about the debt they are collecting. XXXX is misrepresenting the nature of the debt he claims I owe. Furthermore, XXXX claims to represent an association as his client. This association does not exist in the State of Texas nor the remaining States and Territories of the XXXX, whether in any various form of incorporation or even a recorded fictitious business name.
Again, the entity he is demanding payment for from me which, self-servingly, includes his very own legal fees, does not exist. XXXX debt collection practices are seemingly those a reasonable person would perceive as fake, abusive, and contrived by a scammer Additionally, with blatant and complete disregard to The Fair Debt Collection Practices Act ( FDCPA ) a federal law that instructs debt collectors in what they MUST do when attempting to collect certain types of debt, he knowingly and purposely omitted the most important item that he is legally required to furnish me the amount owed. Not only did XXXX purposely disregard the law regarding this, he also failed to provide the amount, in writing, within five days after his initial contact in a validation letter as mandated by the FDCPA. The only alternative to this willful omission would be the public display of his utter and complete incompetence. Competent debt collectors and attorneys are familiar with the basic, minimalistic rules of the FDCPA which they must abide by, including the validation of a debt. Once that takes place, as required by law, the clock starts ticking and the proposed debtor would have 30 days to respond in agreement or disagreement from the date of validation. Instead, XXXX has chosen to ignore the law and demand payment in full for an undisclosed, phantom amount of money within twenty-one days ( 21 ) and threats to foreclose on my homestead if I do not pay an unspecified amount that is unsubstantiated by the required documentation as per FDCPA. XXXX demonstrates his attorney misconduct via his false and misleading statements, his failure to disclose any relevant facts, his hiding of evidence ( if any ), and his indolence to law. He is threatening to take my homestead without justification for a debt I do not owe. The very sad truth of this matter is that XXXX is perpetrating an illicit debt collection scam for his personal financial gain. He should be disciplined for misconduct with haste. His actions are an insult to your profession. XXXX XXXX XXXX is sloppy
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