ComplaintsforMichael & Associates, PC

• Initial Complaint

  04/18/2022

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  The firm of Michael and associates sued me on behalf of American Express and won a default judgment for over $4k. They served garnishment orders on two of my banks and collected the full amount from each. I brought it to their attention to get a refund and they have been rude, non-responsive, and unprofessional. It's nearly $5k, I would like my money back, I have been trying to get the refund for months now. The minute they had the double garnishment confirmed by the constable's office, they should have processed a refund. They are very shady, so I am sharing this review far and wide, while I wait for my refund.

  

  Business response

  04/20/2022

  April 19, 2022
  
  Better Business Bureau
  
  Re: Complaint ID #17056659
  
  This letter is in response to complaint # 17056659.  We, Michael & Associates, PC, are a law firm who represent American Express in the collection of delinquent accounts, including representing them in lawsuits.  Our law firm obtained a judgment on behalf of American Express against, Mr. M******* on January 14, 2018, in the amount of $4,658.70. In effort to collect the judgment balance, our office conducted judgment executions. In this case, 3 separate bank garnishments we processed. On June 17, 2019, our office received notice of a successful levy and received the payment in full for $4,727.99 inclusive of all fees from Nevada’s Constable’s Office. This payment was applied to Mr. M*******’s account with American Express and on June 24, 2019, the Satisfaction of Judgment was sent to the court for filing and Mr. M*******’s file was closed with our office. No other funds have been received by our office.
  
              On March 14, 2022, an individual stating she was ***** M******* called into our office stating that two payments were issued to our office and that we must return the 2nd payment to them immediately. Our office advised the induvial that we only received the one payment and have no record of any other payments being received, we asked them to send us any documents to support the claim and it would be reviewed and handled accordingly.  
  
              On March 15, 2022, Dole M******* called into our office again stating that she knew we had the funds and that she had spoken to the Nevada constable’s office. Our office again advised the individual that our office only ever received the one payment and had no record or a second payment. Our office again asked Ms. M******* to send us any documentation they had for review.
  
              On March 17, 2022, Dole M******* called back into our office, now a 3rd time and stated that she had spoken again to the Nevada constable’s office. They informed her that 2 payments were made to our office, but only 1 payment was received and cashed – the 2nd payment was never cashed and was returned as unclaimed funds. She asked for a refund immediately. Our office advised again that we would need documentation to show evidence of the 2nd payment because our office had no record of a 2nd payment being remitted to our office.
  
              On March 21, 2022, ***** M******* called into our office again reiterating the request for a refund. Our office again asked for any kind of documentation to be sent to us to look into this matter.
  
              On March 23, 2022, ***** M******* sent our office documentation that included a letter from the Nevada constable’s office. The constable’s office explained that while two payments were issued to our office, only one of those payment were received and cashed – the other payment was returned, and they overturned those funds to the US Treasurer as unclaimed funds. Prior to March 23rd, 2022, our office had no knowledge that a second payment was sent to our office or that the funds were listed as unclaimed funds. Our office replied to ***** M******* the same day explaining that our office was putting through the request to claim the funds and once the funds were issued to our office, we would initiate and expedite the refund. Our office also informed Ms. M******* that the US Treasurer did not provide a time estimate for how long it takes to claim those funds. On March 31, 2022, Ms. M******* confirmed receipt of our acknowledgement and emailed us to update their mailing address.
  
              Our office has requested a claim on the funds with the US Treasurer’s office and now we must wait for the US Treasurer to process that claim. It is important to understand that my law firm does not have any control over the processing time or any way to expediate that time. Once those funds are received our office will immediately refund ***** M*******. At this time the funds have not been received and cannot issue a refund to Mr. or Ms. M******* until the funds are received by our office.
  
  If you need any further information to resolve this complaint or you would like to discuss this matter further, please feel free to contact me. Our phone number is (805) 379-8505.
  
  Very Truly Yours,
  
                                                                                                  MICHAEL & ASSOCIATES, PC
  
  
                                                                                                  K****** ** *****
  

  Customer response

  04/27/2022

  
  
  I am rejecting this response because:
  The firm has not refunded me Even though it was processed 5+ weeks ago, when I called they are nonresponsive and rude they’ve even left me on hold for 41 minutes until I gave up and hung up this firm is very aggressive to collect when people owe them or their clients money but they seem downright offended when a consumer wants a refund
  Regards,
  
  ***** M*******
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

  

  Business response

  05/03/2022

  Good afternoon,

  Please see the attached response on behalf of Michael and Associates, PC.

  Thank you,

  D****** ****** - Compliance Department

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