Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

• Initial Complaint

  Date:07/05/2023

  Type:Product Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  We signed to make payment monthly to settle a debt. Our bank is Alliant credit union. We called to set up automatic payment monthly and their system does not accept Alliant for some reason. I switch banks to Patelco and called to pay future payment and their system dont accept this bank either. How is this even possible for a firm to not accept payment from two banks. I even gave them the checking and routing. They file a motion in my county trying to *** when theyre the ones not accepting my payment. They asked for a money order in which I was complying at the Time I was working graveyard Its a huge connivence. When Im complying and willing to pay the monthly balance.

  Business Response

  Date: 07/10/2023

  
  
              Re:       Case # ********
  
  Dear BBB,
  
  This ****** is in Reply to *************************** BBB Complaint wherein **************** expressed dissatisfaction with **** & Henriques moving forward with a request for judgment, claiming that the firm was unable to process payments from either one of ****************** bank accounts. Additionally, he expressed dissatisfaction with being asked to mail in a payment as it was inconvenient. **************** requests correction to his credit report. 
  
  Portfolio ******************** LLC (PRA) is a client of **** & Henriques, LLP (H&H, LLP). *************************** PRA account was placed with H&H, LLP on 06/22/2022 with a balance of $3,644.91.An initial demand ****** was mailed to the consumer on 07/07/2022 and an intent to sue ****** was sent on 08/19/2022. Both ******s were mailed to the consumer at ****************************************************The consumer did not respond to either ******.
  
  
  A collections lawsuit was subsequently filed on 09/06/2022 and the consumer was personally served on 09/22/2022 (again, at **************************************************). The consumer did not file a response to the complaint; however,the consumer's spouse agreed to a conditional settlement agreement in September 2022 on behalf of ****************, with the first payment due 09/30/2022.  
  A notice of settlement was filed with the court as well as a copy of the signed settlement agreement.
  ****************** first payment was not made until 10/14/2022,approximately 2 weeks late. ****************** spouse called our firm on 11/07/2022 and set up payments using an ******************** account. That payment came back as returned unable to locate because it is an online bank, and we are unable to process payments from this type of bank. ****************** spouse was advised of this on 11/30/2022 and was provided the option to mail in a payment.
  Payments were then received by mail in December 2022,January 2023, and February 2023. ****************** spouse called us again on 03/20/2023 and authorized a payment using a ******************** account. The payment was set up using the account information provided by the spouse and it came back as returned, unable to locate on 03/27/2023. The spouse was advised of the returned payment on 03/29/2023 and the importance of making payments timely to keep the account in a paying status. Another payment was received on 05/03/2023;however, **************** was still past due $310 at this point.
  
  A Notice of Intention to Request Entry of Judgment Under Stipulation was filed and served on 05/15/2023, advising **************** to pay the past due amount within 10 days to prevent entry of judgment. With no contact made and no payment received, the firm moved forward with sending the request for entry of judgment per the terms of the agreement to court on 06/26/2023. ****************** spouse called our firm again on 07/03/2023 and was advised that the previous agreement had defaulted, and the firm had moved forward with the request for judgment. ***************** spouse then agreed to a new payment plan and was informed of the possibility that court costs would be added if the judgment was granted.
  
  H&H,LLP does not, and is not required to, report to credit reporting agencies. It is our understanding that a creditor is required to report a paid off debt accurately to reporting agencies within 90 days after receiving the final payment, Thus, PRAs obligation to report the paid off debt has not yet occurred.                                                      
  
  

• Initial Complaint

  Date:02/21/2023

  Type:Product Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  They are creditors and put a lien on property I dont own in regards to my debt. Want **** taken off property . The property is not owned nor has ever been owned by myself.

  Business Response

  Date: 03/17/2023

  Be advised that we have no record of previously receiving this complaint. It is our policy to promptly and completely respond to all complaints.

  Any information regarding the consumer that is related below is public record.

  Under Code of Civil Procedure  697.340 and all other applicable law, an abstract of judgment never attaches to any specific property and does not attach to the property identified on the face of the abstract merely by the address being stated. An abstract attaches only to interests in real property owned by the actual judgment debtor. In this case, as the abstract clearly states, the lien is on all interests in real property held in Ventura County by the *************************** whose Social Security number ends ****.
  
  Because the effect of an abstract of judgment is a matter of law, any misunderstanding of the above is attributable solely to the person, persons, or entity who fail to understand its legal effect; any harm caused to any third parties, including any property owner, is the sole responsibility of those in error. We hold the position that the effect of the abstract is a matter of law and that we cannot be held responsible for any erroneous interpretations that a bank or escrow company or title insurance company or credit bureau or county clerk or recorder may hold.
  
  Further, our position is that because the judgment debtors Social Security number appears on the face of the abstract, the abstract by definition cannot appear to create a lien on any interest in property held by any person whose Social Security number does not match the number on the abstract. In this case, the abstract obviously does NOT attach to interests in real property held by any *************************** who does not have a Social Security number ending ****.
  
  The judgment is a final legal determination of the respective rights between the actual parties, and the abstract is only a republication of that judgmentit goes no further. As such, there can be no valid or even colorable claim that either the judgment or its abstract are in any way wrongful or have any adverse effect on third parties. It is the non-delegable duty of any person or entity whose occupation requires decisions based on the contents of abstracts of judgment to know the applicable law and not read into an abstract of judgment anything not stated on the face of the abstract. It appears to be a fairly common belief that a lien automatically exists on the address stated in  1.a. or  1.d. of the abstract. This is false. A lien exists on those properties only if the actual judgment debtor owned an interest in those properties at or after the time that the abstract was recorded.