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Report: #1341341

Complaint Review: Patenaude & Felix A.P.C. - San Diego California

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  • Reported By: csmith — Squaw Valley California USA
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  • Patenaude & Felix A.P.C. 4545 Murphy Brown Canyon Road, 3rd Floor San Diego, California USA

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

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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,

This report was posted on Ripoff Report on 12/04/2016 01:30 PM and is a permanent record located here: https://www.ripoffreport.com/reports/patenaude-felix-apc/san-diego-california-92123/patenaude-felix-apc-4545-murphy-brown-road-3rd-floorsan-diego-ca-92123-this-law-f-1341341. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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