- Report: #1341341
Complaint Review: Patenaude & Felix A.P.C. - San Diego California
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Author Not Confirmed
Why?
Patenaude & Felix A.P.C.
4545 Murphy Brown Canyon Road, 3rd Floor San Diego, 92123 California, USA
Phone:
858-244-7600
Web:
www.pandf.us
Categories:
Business Rating:
(0)
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Patenaude & Felix A.P.C. 4545 Murphy Brown Road, 3rd FloorSan Diego, CA 92123 This law firm is trying to collect on a credit card debit, that is over 7 years old. San Diego California
I received a letter from: Patenaude & Felix; claiming I owe them $6,055.19; when the original debit was $3,835.00. The law firm is trying to collect on a debit that is over 7 years old, the original creditor Target National Bank has removed this bad debit from all three of the credit reporting agencies. I will first state, I was just made aware that in 2011; I was sued by Target, and a default Judgement was granted; because I was not there. I was not in court, because I was never served, I was never made aware of a court date or even a lawsuit.
Now, after 5 years of the judgement being granted, and when the original creditor has removed this account from the credit reporting agencies, and I have a clean record as far as my credit goes; the law firm mentioned above is not following the laws. First off; they did not file a Substituion of Attorney with the original court house (they are not the original attorneys) and they admitted this to the CFPB in which I have filed a complaint with them. The law firm has been told to cease and desist by me and by Target.
The Judgement was never placed on my credit reports, I was never notified up until October of this year; 2016, that there was a judgement. The Statute of Limitation Law is protecting me, the 4 year period of a law suit being filed (a second law suit) and the 7 year period has also hit and passed us by.
If the judgment was placed on my credit reports, because I do check my credit reports at least once or twice a year, I would have seen it and would have taken care of this mess. Now 5 years after the fact, in which a Judgement was granted and I had no knowledge of it. I after all of these years am notified and shocked.
The original court case; shows "Inactive/Closed". I can also see where the prior attorneys messed up on many documents and items were thrown out a few times. One of them was "Proof of Service", the courts don't have that. I ask, how was the Judgement granted, when they knew, that I had no idea of the lawsuit??? There is the million dollar question.
I have learned I can ask the courts to Vacate the case. However, the courts need for me to file the court documents and appear in court. This would be no problem, if I did not live over 3 hours away, I wasn't disabled and if I had decent transportation to get to and from and living on Disability, money is very tight in my home.
It is my understanding, the law firm, is a glorified collection agency.
I want to make this clear, I did not go out and purposely not pay my bills. I became disabled on the job; my income is Disability. I am what the law calls "Judgement Proof", and if I would have been given a court date, I could have proved that I am disabled, but no, that is not what happened.
To sum things up, I am 60 years old, living on Disability for the rest of my life, I have sent/faxed the law firm proof of income. I have not heard back from them, I have sent many letters/faxes stating the laws and my situation and I have asked for proof of closure, and I have even sent them a copy of the letter in which Target National Bank has sent to them as well, stating Target is not going after me and the 7 year period has passed and that they have removed the account from my credit reports.
I have done my legal research, and because I don't have "wages" and because my disability check goes into the bank, again, I am "Judgement Proof", no one can garnish Disability Checks or go into a bank account, that the said Disability check is deposited into. The worse they can do to me, is put a lien on my property and because I have done even more research, I have filed a Homestead with my county and with a Homestead, my home is protected, my bank account is protected, my income is protected.
In doing research on Patenaude & Felix they do not follow the law, they dig up old accounts and harrass and haunt the consumers. And from being in a place, where I could no longer pay my creditors off, it is not a good place and I will never be proud of it. The law states that after 7 years, all is excused. The law firm is not following the law.
I am asking RipOff report, to help me get Patenaude & Felix to close this account and not to sell it to another glorified collection agency. Thank you,
