On 6/26/08 I went to get funds from my checking account with Washington Mutual Bank. I was told by a bank representative that there were no funds available because the account had been frozen. This was a joint account with my husband. The bank rep informed me that the debt collector, Malen & Associates of Westbury, N.Y. Had placed the freeze on 6/19/08.
I called WAMU customer service to get information and was told they had to place the freeze on the account by law. I asked for WAMU's legal or levy departments phone number and was given the number for the debt collector, Malen & Assoc. I was given the index number from the document they said they received by mail from Malen & Assoc.
It is my understanding of due process that a court judgment be issued and properly served upon me by my county's sheriffs department. This never happened, nor was WAMU properly served by a court rep for execution of judgment. Yet WAMU placed a freeze of $1800. On my account. The original agreement with Malen & Assoc. Was for $1251.in May. I was to make a payment of $100. Per month til the debt was satisfied. I have paid $1100. Of this debt to Malen & Assoc. Directly and have all cancelled checks as proof. I also have all documentation with the same court index number 156107.
This is not a court index number, but Malen & Assoc. Deceptive attempt to defraud. The county clerk in the jurisdiction in which Malen & Assoc. Claim to have won said judgment has no account of it. The county clerk searched for judgments or court proceedings against me and there are none. This judgment or claim was never brought before a judge or arbitrator. No court or sheriff ever executed any asset seizure order to WAMU or myself.
It is my belief after exhaustive research and examining the practices of Malen & Assoc. Handling of other peoples debts, that this particular debt collection company should be investigated for the complete disregard of all laws and rules. The forms I have from them look like official court documents, but aren't, which flies in the face of the FTC rules. I imagine it was one of these bogus looking documents that was sent to WaMu to freeze my account. The use of the Suffolk County 3rd District Courts affiliation with these deceptive files I'm sure violates their rules.
The fact that they fraudulently misrepresented files for monetary gain could be considered racketeering, and conspiracy, especially since the amount they are claiming is over $1650. More than what is actually owed. No breakdown of fees, charges, etc. Just an arbitrary number the debt collectors decided to fraudulently try to steal from me. But WAMU allows this. Why? Well, they now have an account in the negative for over $1800, and add a few of these up and soon you realize the huge lump of bad debt the bank has thanks to the likes of a few crooked debt collectors. I imagine though, that all these bad debt write-offs benefit WaMu somehow. Maybe by offsetting the taxes on earnings or maybe they can borrow cheaper or bad debts are still a valuable asset for them to trade/sell.
Whatever the case, its fraud compounded by disregard of all form of law, due process, rules and regulations, ethics and procedure that they are supposed to uphold. And for Washington Mutual, still as of today 06/28/08, to not contact me, a customer, that my checking account with them is in arrears for over $1800? Something stinks.
0 comments