Fenton & McGarvey Law Firm P.S.C.

Response of Fenton & McGarvey Law Firm, P.S.C. A [redacted] account for the consumer was placed with the law firm of Farrell & Seldin in January of 2011. Farrell and Seldin initiated action, sent multiple communications, and was awarded a judgment in October of 2011. Fenton &... McGarvey is now handling the account on behalf of [redacted] ***. The consumer's identity and location information were verified by a search using the social security number used to open the account and the address provided by the consumer on this complaint matches the address provided to the law firm and the address where multiple communications from Farrell & Seldin were directed. The consumer is welcome to contact my firm at ###-###-#### to discuss account specifics if she has any further questions. [redacted] , Esq. Attorney

From [redacted] ***, this is the same account [redacted] had this account then Fenton and McGarvey got it and both this same account are in the court house on my land I was down there today last four numbers of my social is [redacted] not [redacted] I have paid for sept till now it not my social security numberSent from my iPod

In Review of MS [redacted] account, the notes and ledgerreflect that the account has been settled in full and we are waiting the release of judgmentWe apologize any inconvience this may have caused the consumerPlease do not hesitate to contact Fenton and McGarvey with addional question or concerns

I originally sent the Revdex.com a complaint on 8/25/regarding a bill from that Fenton and McGarvey Law Office was trying to collectI received an email on 8/31/stating that the judgment is expired and they were canceling the payment arrangement and closing the accountUnfortunately, the message must not have gotten to the billing department as they went ahead and took $out of my checking accountI was going to just put a stop payment on the check, however, they want to charge me $to do so Translate Desired Resolution / Outcome Desired Resolution: Refund select Desired Outcome: As this was not MY error but Fenton and McGarvey's I want them to refund my money to my checking account and actually close the case so this doesn't happen againThank youDebra

March 15, 2016Creditor: [redacted] ***RE: [redacted] Our Internal File No. [redacted] Case No. [redacted] To Whom it May Concern:Thank you for the opportunity to respond to the complaint filed by Ms. [redacted] your office. All ofher concerns will be addressed below, but ultimately her complaint... appears to focus on the desire toreceive a paid or settled in full letter and that the debt still appears on her credit report. Ms. [redacted] paid the settlement via a check by phone on February 19, 2016. Because she made the payment withnon-certified funds, we require a period of time before any settlement actions, such as dismissal ofcases or settled letters, to allow the payment to clear. A check by phone payment is provided twentyone days generally because payments can take between 10-21 days to clear a consumers account. Ms. [redacted] called our office on February 24, 2016, five days after payment, and was told we couldexpedite the process if she provided proof the check had cleared her account. We did receive a fax thatwas posted to the account on February 25, 2016, but the fax was illegible and was not sufficient toprove the funds had cleared. We received no further communication from Ms. [redacted] . On March 7,2016 the satisfaction of judgment was prepared and the settled in full letter was prepared and mailedshortly there after. Ms. [redacted] should have received the settled letter as of the writing of thisresponse, but she is welcome to contact our office and have one faxed or emailed to her directly aswell.She also complains that the debt is still on her credit report. While she has settled the account, thecredit reporting takes time to update. The payment just recently cleared and the settlement finalized inour system. Once we processed the settlement, a code was sent to the client to update the status of theaccount. The client will update their reporting to the credit bureaus in accordance with the Fair CreditReporting Act and their internal policies, this takes time. Once the entry has been updated by myclient, it can take up to 180 days for the credit reporting agencies to update the report. There is simplynothing we can do to expedite the process.Ms. [redacted] also raises questions about the timing of the garnishment and time needed to process it.While her bank may not need 21 days, the process for garnishments and answers to garnishments is aformal process and on average takes at least 21 days. In this case, there was a bank garnishment inplace without a formal answer from the bank. At that time, it is impossible to discuss settlement in anysubstantive fashion because we need to know how much, if any, is on hold with the bank.Ultimately, while inconvient for Ms. Benajamin, the time frames for all of these issues and how theywere handled in this case comport with our general practices and the legal requirements surroundingthem. As stated above, the satisfaction of judgment and settled letter have been prepared and sent andMs. [redacted] is welcome to contact our office for copies to be faxed or emailed.Sincerely,/s [redacted] AttorneyFenton & McGarvey Law Firm, P.S.C.This communication is from a debt collector.This is an attempt to collect a debt.Any information obtained will be used for that purpose.Online Payment Available: https://fandm.accountpayment.net [redacted] - lblanklt.frm

The consumer alleges that a payment arrangement was made and that Fenton & McGarvey Law Firm, PSC issued a bank garnishment and failed to give her noticeA review of our records show that Ms*** did, in fact, enter into an Agreed Judgment with our officeHer first payment was due on
January 8, The consumer failed to make a timely payment and a garnishment was requested from our officeKRS does require a notice of the order of garnishment be sent to the Judgment DebtorThe Order of Garnishment requires the Garnishee to promptly notify the Judgment DebtorAs a result, the notice requirement is the responsibility of the Garnishee and not the CreditorOn February 17, 2015, the consumer called and made several electronic payments, which take 7-days to clear the bankA garnishment release was then prepared and sent to the courtOur office has also called the bank and faxed them a copy of the releaseWe have notified the consumer that once she provides us with a copy of the bank charges we will reimburse her for said charges

Dear Sir or Madam: This letter is to inform you that our office is in receipt of the complaint made by *** ***-*** on or about January 25, 2016. Ms***-***’s complaint is that she overpaid on her account by $and wanted the funds returned to her. Please be
advised that a check in the amount of $was sent to Ms***-*** on January 28, 2016. I apologize for the delay in refunding the overpayment. It is the policy in this office to wait days after a check has been deposited to make sure it clears the bank. Since the over-payment has now been refunded, I trust that this matter can now be closed We sincerely hope that the foregoing answers all of the consumers concerns in this regard. Please understand that we take all consumer complaints very seriously. Fenton & McGarveyLaw Firm PSC has robust policies and procedures in place to help promote and create a positive customer experience. If you should have any further questions, please feel free to contact our officeThank you. *** ** *** Attorney Fenton & McGarvey Law Firm, P.S.C

I still have not received a letter stating the debt is paidIt is still not paid on the Credit BureauI have confirmation over the phone but nothing in writing

Please see the attached documents for our firm's response to this complaint April 26, 2015Revdex.com, IncS4th StreetLouisville, KY 40203-2186Re: *** ** ***Complaint Id: ***Dear Sir or Madam:The attached Judgment was awarded against *** E*** aka ***
***Please note the particulars regarding the judgment debtor in the attached affidavitI believe this will clarify who is the judgment debtorShould you have any questions, please do not hesitate to contact meIf further explanation is required, please do not hesitate to contact me*** ** ***Fenton & McGarvey

I have an issue with the company not sending me my information when askedI asked for a detailed statement of how much was paid and owed on the account I have with them for a *** *** billI never received the statementI have been paying I informed the company that I had a problem with them deducting the amount from my account on a monthly basis, but not providing me with a statement with the balanceThis would let me know if the account was settledThat information was never sent and I feel that this account should be closed by nowI also asked for them to change my payments to the fifteenth of the monthThey took out the payment for the fifteenth of December, but did not reschedule my payments and where going to take out additional fees on the first of JanuaryWhen I contacted them I waited in que for several minutes to be placed on hold, put back in que, and then directed to another representativeThe representative informed me that the changes were never made and that is why they sent me the letter letting me know the deduction was going to occur againI feel this is poor customer service and yet another hassle that the customer has to deal with to make sure the correct payments are being deducted from their account
Translate
Desired Resolution / Outcome
Desired Resolution:
Modification/discontinuance of an advertised claim
select
Desired Outcome:
I desire for the account to be closed for all the hassle and misguided information

The bank showed me the cleared check which was stamped on the back and was.posted immediately. So, it was never a pending check! This so-called law firm/ collection company doesn't return calls and for that reason, I did call several times, however, many times, after waiting minutes, at least, NO one picked up to answer. This is annoying and none of the call backs promised never reached my cell. So unprofessional..you want the payment but your service sucks.Anything I pay something off, even with a check, the payment is immediately processed and I receive an email within ten minutes for acknowledgement of receipt of payment. This is inexcusable and this company should be rated an F. In the acknowledgement letter, the amount paid was not included.And to think after six years of receiving no payments from *** ***, you had the gull to attempt to take money from her paycheck without notifying her first. Looking back, I should have left this account in collections. No response needed. I made my point and lawyers are not always rightSo be it

Fenton & McGarvey Law Firm Incis in receipt of the consumer complaint dated January 30, and assigned case number ***.Our records show that the claim was forwarded to us from *** *** showing a balanceof $The Original creditor was *** *** ***Suit was filed in
the State of Tennessee, where Ms*** resides, in the County of Shelby and assigned case ID number ***Judgment was granted on January 22, Our records show Court costs on the account of $Interest accrued on the account at the Tennessee statutory rate of interest from the date of judgmentAs of today's date a total of $interest has accruedFor a total balance due of $A wage garnishment was issued on September 24, 2014. A review of our file shows that on December 3, 2014, our office had no response from the employer and the court docket did not show any return to the court. As a result, a letter was sent to Ms***' employer inquiring if they received the garnishmentNo response was heard from the employerBut on January 21, 2015, a review of the court docket showed that a return on the wage garnishment was made to the court in the amount of $On January 22, 2015, a supplemental garnishment was sent to the employer advising of the balance still due on the accountOn January 27, 2017, the funds in the amount of $were forwarded to the offices of Fenton & McGarvey law Firm, IncThe courts records showed that $had been paid to the courton January 21, Ms*** called the law offices of Fenton & Mcgarvey on February and advised she was still being garnishedAs a result, even though the full balance was not received at Fenton & McGarvey, a wage garnishment release was prepared and faxed to a number Ms*** provided and ent to the employer that same dayOn February 9, 2015, Ms*** called back and advised that the fax was not received in her employer's payroll departmentThe Law firms records show the fax was sent and receivedThe next day, Ms*** called and gave another number where the fax should be sent and it was resentOn February 16, 2015, a check in the amount of $was received from the courtAt that point our file was closedOur office has policies and procedures in place in regard to the issuance of garnishmentsI do not see that there was any error made in our officeIt appears that there was some lag time between the court receiving the garnishmentfunds and the funds being forwarded to our officeThat resulted in our sending a supplemental garnishment to the employerThe purpose of that pleading is to notify the employer of the remaining balance of the garnishment. No funds were garnished over and above the judgment balanceShould the Better Business Burearu or the consumenr have any further questions, please feel free to call our office

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
Regards,
*** *** in their letter they claimed that I opened someone else's mailThis letter was addressed to me, *** ***I do not open other people's mail and am greatly offended by such accusationThere are two people who reside in this house and that is my husband and myselfPerhaps they need to mail their correspondence to the appropriate party. Thank you*** ***

Dear Sir or Madam:
This letter is to inform you we are in receipt of the complaint made by *** N*** on or about January 5, 2016. We previously received and addressed a complaint made by Ms*** on November 2, in regard to another file handled by our office.
Ms***’s original complaint to the Revdex.com, Incwas in reference to our file: ***, wherein she complained about the balance owed due to interest that was accruing on the accountOur client in that matter was ***, Inc. Our response to your office advised that a Judgment was obtained in this matter in the Montgomery General Sessions Court, case number ***, on June 8, 2011, in the sum $plus interest at a rate of 10% per annum, plus costs of the suit. Ms*** claimed that the interest should only have been $400. There was, however, over years’ worth of interest added to the Judgment amount which added up to $At the time of her complaint to your office, there was still a balance of $1129.02. In a good faith attempt to appease the consumer our client agreed to forgive the remaining balance due, close the file and prepare a Notice of Satisfaction of Judgment. That has been done
The second file in our office is file: ***. Our client in that matter is *** *** LLC. The original creditor on this account was *** *** USA, N.Awho extended credit on behalf of *** City. A Judgment was obtained in this matter on February 6, in the Montgomery General Sessions Court, case number ***, in the sum of $2371.70, plus interest at a rate of 5.25% per annum until paid and costs of the suitMs*** contacted our office on February 1, and set up a payment arrangement of $a month to begin March 1, 2013, followed by payments of $and a final payment of $on May 1, Ms*** has made of those payments totaling $There remains due and owing $This amount will continue to accrue interest pursuant to the judgment
Our records indicate that Ms*** called our office on November 2, 2015, to request a later payment date. We were unable to accommodate her as the payment was already processed. Ms*** called again on December 29, for that same reason and her payment was rescheduled.. Nothing in our records show that Ms*** requested a payoff or breakdown of paymentsThat information in readily available and would have been send to her if she so requested. I am attaching a complete breakdown of her payments and how they were applied to her account
We sincerely hope that the foregoing answers all of the consumers concerns in this regard. Please understand that we take all consumer complaints very seriously. F&M has robust policies and procedures in place to help promote and create a positive customer experience. If you should have any further questions, please feel free to contact our officeThank you.
*** ** ***
Attorney
Fenton & McGarvey Law Firm, P.S.C

Dear Sir or Madam: We are in receipt of the above-referenced complaint against Fenton & McGarvey Law Firm, P.S.C(hereinafter “F&M”)Please allow this letter to serve as F&M’s formal responseBACKGROUND F&M is a law firm specializing in the collection of consumer debtsWe must
state at the outset that F&M has not been retained by any of its clients to collect any type of debt whatsoever from Ms*** *** (hereinafter the “consumer” or the “complainant”), nor have we engaged in any collection efforts against herRather, F&M has been retained to collect a debt owed by a separate individual (hereinafter the “debtor”), who shares the same last name and mailing address as the complainant (for privacy reasons, the name of the actual debtor will not be set forth in this response)On or about March 11, 2016, F&M mailed a letter to the debtor encouraging him to contact us regarding the resolution of his outstanding accountThe letter provided both a website where he could look up his account as well as our toll-free phone numberThe consumer’s complaint states that she received an unsolicited e-mail from our office, but she is likely referring to the aforementioned letter, since our office does not send unsolicited e-mailsApparently, the complainant opened this letter (even though it was address to the debtor), and tried to look up the account by logging onto the provided website.It appears as if the complainant did this because she mistakenly thought the letter was addressed to herHowever, because the personal information she entered did not match the personal information we have on file for the debtor, the complainant was not able to obtain any information about the accountThen, she called our office, and it appears as if F&M’s account representative asked her for her Social Security Number (“SSN”) so we could find the account (which is the easiest and most reliable way of looking up accounts in our office)After typing the complainant’s SSN into our system, our account representative told her, correctly, that she did not have an account with our officeHowever, instead of being relieved that we were not trying to collect a debt from her, she proceeded to file a Revdex.com complaint against F&M, asserting that she may have been “scammed” because she provided us with her SSNRESPONSE TO THE B.B.BCOMPLAINT The foregoing chronology in and of itself largely addresses the allegations contained in the consumer’s complaintSimply put, the complainant opened a piece of mail that was addressed to someone elseShe then, apparently under the impression that she was the letter’s rightful recipient, attempted to ascertain information about the referenced accountWhen she contacted our office, she provided her SSN upon request because such is the most accurate manner in which we can search our system’s database of filesOnce the search yielded no results and the consumer was advised accordingly, her SSN was deleted and it was not retainedF&M is a legitimate law firm with a footprint in nearly a dozen states; we asked for the consumer’s SSN for a bona fide purpose and without any ulterior motives whatsoeverFurther, we have not even attempted any collection efforts against the complainant because, once again, we have not been retained to collect any outstanding account in her nameSUGGESTED SOLUTIONS It seems as if the consumer filed her complaint simply because she was fearful she may have been tricked into providing her SSN to an entity which might then use it for malicious purposesTo that end, we are hopeful that this response will alleviate her concerns in this regard: Again, we needed her SSN to ascertain whether she had any files in our office, and once our search was complete, her SSN was not retainedHowever, the complaint also implies that the consumer she would like information regarding the debt we are trying to collect from the debtor (“I would like to know what this is about and if it is valid”)Along these lines, since she is not the correct debtor, in accordance with various Federal laws and our own internal privacy policy, we obviously cannot provide her with any information whatsoever regarding the debtThat said, it seems as if the gravamen of her complaint was her SSN concerns, and that issue has been comprehensively addressed above.CONCLUSION Therefore, for the aforementioned reasons, F&M respectfully submits that the consumer’s Revdex.com complaint is without meritThat said, however, we are hopeful that this response will clear up any confusion she may have had in this regardVery truly yours, Fenton & McGarvey Law Firm, P.S.C

I needed written confirmation in order to close on a houseI ended up moving and signing a new rental lease so I will not be applying for another mortgage loan for a year
But, I still need the documentationIt is still on my credit
*** ***

Dear Sirs: Please accept this as a reply to the Complaint you received regarding Complaint ID Number [redacted] from [redacted] S. [redacted].  This matter stems from a judgment rendered on a credit card account, which account is being handled by our office.  The judgment was entered on August...

22, 2011 after the court considered the response to the complaint filed by Mr. [redacted].  The judgment lien to which Mr. [redacted] makes reference in his complaint was placed on the property on September 21, 2011 incident to that judgment. Our records indicate that Mr. [redacted] contacted our office on February 12, 2015 regarding a letter he received from us.  At that time, he indicated he wanted to make a payment arrangement for $100 per month beginning on March 1, 2015.  We agreed to that arrangement.  No payments were received on that arrangement. On February 25, 2016, we received another call from Mr. [redacted] asking again to set up a payment plan in response to our correspondence.   We agreed to a $150 per month payment starting on March 3, 2016 for 14 months, with a final payment of $43.49 due on June 3, 2017.  We received one payment of $150 on March 3rd and another on May 3rd.  We have been trying to work with Mr. [redacted] in resolving this judgment, as indicated by our having worked out two agreements with him.  We would respectfully disagree with the characterization these arrangements as our trying to intimidate – we have been working with him in response to our letters and his calls into our office.  The only other charges to the account after the entry of the judgment are the statutory cost of filing the judgment lien and the accrual of interest at the statutory judgment rate of 12%.  Mr. [redacted] is the one that approached our office and made the payment arrangement.  We would submit that our accepting voluntary payment on a judgment that was duly entered by the court does not rise to the level of the accusations raised in Mr. [redacted]’s complaint to you.  If Mr. [redacted] chooses to make another offer to settle the judgment, we would take the same back to our client.

Revdex.com:
 
I received my letter in the mail on March 11. 2016, the same day I filed the complaint.
Regards,
[redacted]

Mr. [redacted] had a Judgment entered against him in 2011 in the amount of $9940, plus interest both pre and post suit. He claims he was never served, but we deny same and assert he was served. Further, even if that were the case, why did he not raise the issue earlier? By his own admission he has...

known of the judgment since at least 2012.
While we stand by the fact the lawsuit was properly served, the time to object is long past due and the balance is accurate, we appreciatee mr. [redacted]'s position and stand ready to resolve this matter $2000.00. We trust that in light of the facts, this is a resolution Mr. [redacted] will find to be total acceptable. Please 
Please feel free to contact Fenton-McGarvey law Firm with any questions and concerns toll free: ###-###-####

The consumer filed the complaint on 7/31/15 and subsequently spoke with representatives from our office on 08/03/15 and appears to have resolved any issues. The consumer did have two accounts. As stated in her complaint, she settled the first account with a payment that was posted to the account on...

05/21/15. On 06/05/15 a settled letter was set to the consumer. On 08/03/15, the consumer spoke with our office and stated she had not received the letter and a second settled letter was sent. Additionally, our records reflect she has set an arrangement on the second account referenced in her complaint.