• Report: #783308

Complaint Review: Law Offices of Patenaude & Felix A.P.C.

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  • Submitted: Fri, September 30, 2011
  • Updated: Fri, October 21, 2011

  • Reported By: Julie — san diego California USA
Law Offices of Patenaude & Felix A.P.C.
4545 Murphy Canyon Road San Diego, California United States of America

Law Offices of Patenaude & Felix A.P.C. Michael Kahn Placed bank accounts on hold, Harrassment, filed unknown judgment, San Diego, California

*Consumer Suggestion: Attorney General

*Author of original report: Thank You

*Consumer Suggestion: Payoff Debt But You Still Owe

*Consumer Comment: Agree

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In June 2009 I hired a company to help repair my credit (I have since filed a complaint on here for that company), at which time Cease & Desist letters were sent to all my creditors notifying them that I was in a debt repair situation. Target was one of my creditors, they hired Patenaude & Felix to collect funds from me. Patenaude & Felix called me at least 5 times a day and we were nasty and harrassing. 1st thing out of one of the employee's mouth was "We are going to sue you!" I was a bit confused knowing that I was in this debt repair transition and told her of my situation and sent her a copy of the Cease & Desist letter sent to Target. This did not stop Sarita from calling me daily and harrassing me.

In September 2009 the company I hired for the debt repair skipped town, with my $ I was paying them monthly for my debt repair and also a loan mod. I worte a letter to Target and Patenaude & Felix explaining what had happened and promised to get the Target Credit Card past due balance paid up to date and as well as paid off and closed. [continued below]....
..... I paid Target every week online and got my balance due down by $1,000.00 within 1 month, but at the same time I had Sarita at Patenaude & Felix calling me and harrassing me because I was paying Target directly and not them. It took me a minute but I finally realized that if I wasn't paying Patenaude & Felix directly, they weren't making any money.

In February 2010 I was served a summons from Patenaude & Felix for Target. On the same day I went into a Target store and  paid my balance due in full and closed the account. Target assured me they would be notifying Patenaude & Felix as well as the credit bureaus.I have in writing that this action was performed. I then faxed over to Patenaude & Felix proof of my payment and to stop the summons. Once again I started receiving immediate harrassing phone calls from Patenaude & Felix telling me that I now owe THEM and Target money and they were furious I had paid Target directly. After about 1 month the phone calls stopped. I assumed the case is closed.

2 years later-Tuesday September 27th, 2011, while grocery shopping, my debt card stopped working. I call my bank, CHASE, and they tell me that Patenaude & Felix have placed a LEGAL HOLD on my account and not just for the amount Patenaude & Felix CLAIMS I still owe Target but all of my assets, including my minor children's savings accounts!!!! I call Patenaude & Felix asking what in the world is going on and they tell me they had to get my attention and so they placed a legal hold on my bank. I had absolutely no idea there was a judgment against me, I thought this had been resolved 2 years ago. I had satisfied my debt. End of case! Told me they would remove the hold once I Western Union them the amount they claim I still owe Target. I proceeded to ask how they thought I could get the money for this payment if they are holding every cent I own? P & F says to me in exact words "That is not my problem, you should have thought of that before."  Telling me if I don't get the money to them now they will hold all funds for 45 days. They refused to give me the time to explain what had transpired 2 years ago and how I had satisfied my debt. They didn't want to hear that I didn't owe them any money and had proof the debt was paid in full. They hung up on me!

This collection agency is ripping me off and harrassing me. They are using oppresive methods by putting legal holds on bank accounts and violating section 808 of the Fair Debt Collections Act.

This report was posted on Ripoff Report on 09/30/2011 10:50 AM and is a permanent record located here: http://www.ripoffreport.com/r/Law-Offices-of-Patenaude-Felix-APC/San-Diego-California-92123/Law-Offices-of-Patenaude-Felix-APC-Michael-Kahn-Placed-bank-accounts-on-hold-Harrass-783308. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
1Author 3Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Suggestion

Attorney General

AUTHOR: hungryteapot - (United States of America)

It could be worth filing a complaint with the attorney generals office in your state. This is the office which regulates collection agencies, and they have the power to intervene, levy fines on the agency and to withdraw their license. 
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#2 Author of original report

Thank You

AUTHOR: Julie - (USA)

I appreciate your time in responding to my complaint and I have been in contact with Target. It took me many calls to FINALLY get a nice man to listen to me and help me. My previous calls were always referred back to the collection agency, so I lucked out. I faxed everything over to this gentleman at Target and reviewed it and came to the conclusion that I did not owe them any money. Shocking! I know.

He told me know that the numbers were crunched and I had satisified my debt, now it was time to turn the paperwork over to legal. This took place on the day the collection company seized my money.

In the interim I filed a Claim of Exemption as per advice from Chase legal and The Sheriff's office who held the lein in hopes it would stop them from collecting the money, but it did not. 15 days later I am still waiting to hear back from the legal team at Target and just received a response from the collection agency on the Claim of Exemption and they have set a coutdate in November. Now I really need Target to step it up and get me some paperwork that will set the collection straight and get my money back!

SIGH

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#3 Consumer Suggestion

Payoff Debt But You Still Owe

AUTHOR: Judicial - (USA)

Here is some free advice and I am not an attorney.  However I did own a collection agency for 8 years.

First it sound like you are a good guy and they are not.  However, here is the law they are using if they have a judgement that was assigned by Target for them to collect, until Target confirms the payment and transmits their share of the collection, they can proceed.  They do not have to accept your statements or paperwork that you paid Target.  However, the collection assignment agreement always clearly states any payment made by the debtor to the creditor must be forwarded to the assignee of the debt or the collection agency so that you do receive the credit for your payment.   Here is even the worst part, Jugements add interest and fees to the debts so even if you paid the original amount due, if it did not satisfy the Judgement in full then they still can proceed.  If you told them you made a payment to Target a good collection company would verify and credit your judgement but like I said, it may not satisfy the total of the Judgement and the additional interest and fees.

However, interest on the amount you did pay should stop for that amount on the date of payment, so perhaps you still own only a small amount.  I would suggest you take whatever paperwork you have from the collector and the receipt for payment back to Target and tell them unless they stop the collector you are going to sue them for not telling their collection agent.  Hopefully, they will tell the collector and they will accept it as payment in full of the Judgement.

Good luck.

You can contact me at sourcemaster@juno.com

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#4 Consumer Comment

Agree

AUTHOR: felixscam - (United States of America)

Target credit card is a scam. They use law firms to hound and distort to
collect. Such as Patenaude & Felix law firm, a disreputable bunch
of crooks. Should not support Target stores. Patenaude & Felix are the worst.
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