Debt collection -- Took or threatened to take negative or legal action -- Complaint #12719030
Complaint Overview
Complaint ID: 12719030
Company: Jonathan Neil & Associates, INC
Product: Debt collection
Sub-Product: Other debt
Issue: Took or threatened to take negative or legal action
Sub-Issue: Threatened or suggested your credit would be damaged
State: California
ZIP Code: 95242
Date Received: 2025-03-28T12:00:00-05:00
Date Sent to Company: 2025-03-28T12:00:00-05:00
Company Response: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Submitted Via: Web
Consumer Narrative
I am writing in response to your communication, dated XX/XX/year>, regarding the alleged debt with XXXX XXXX XXXX. In your letter, you state that Jonathan Neil & Associates , Inc. represents XXXX XXXX XXXX for matters of subrogation and, as such, you have the right to act on their behalf in this matter. While I acknowledge your claim to represent XXXX XXXX XXXX, the documentation you provideda detailed billing statementdoes not fulfill the requirements for valid debt verification under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g, and California Civil Code 1788.52. 1. Subrogation and Debt Ownership : Although you assert that you represent XXXX XXXX XXXX for subrogation, subrogation is typically a legal mechanism whereby one party assumes the right to collect from the liable party after settling a claim, often in the context of insurance. However, this does not automatically confer the right to collect on an alleged debt unless you can prove that XXXX XXXX XXXX or a subsequent creditor has formally assigned the debt to you for collection. Therefore, I request the following documentation to properly validate this debt : 2. Documentation Request : Proof of Debt Ownership : A signed contract or agreement that clearly establishes my responsibility for the debt and includes the original balance. Complete and Itemized Account History : A breakdown of the original debt, including interest, fees, and any other charges that have contributed to the balance. Chain of Assignment & Servicing Authority : Since you claim to represent XXXX XXXX XXXX for subrogation purposes, please provide evidence of a Bill of Sale, Assignment of Debt, or similar documentation that proves the debt was transferred to you for collection. I also request a servicing agreement or another form of documentation that demonstrates you are authorized to collect this debt on behalf of XXXX XXXX XXXX. Your Legal Authority to Collect : Please provide proof that Jonathan Neil & Associates , Inc. is licensed and authorized to collect debts in California, as required by California Civil Code 1788.17. 3. FDCPA & California Law Requirements : Under 15 U.S.C. 1692g ( b ) of the FDCPA and California Civil Code 1788.52, all collection efforts must cease until you provide the requested documentation. As the detailed billing statement you provided is not sufficient to validate the debt or confirm your right to collect, I demand that you cease all collection activities regarding this alleged debt until proper verification is supplied. If you fail to provide the requested documentation within 30 days, you will be in violation of the FDCPA and California law. Should this occur, I will file formal complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and the California Department of Consumer Affairs. Additionally, continuing collection efforts without providing the requested verification may result in a violation of 15 U.S.C. 1692e, which prohibits deceptive and misleading collection practices. 4. Cease All Collection Efforts : Until the requested documentation is provided, I demand that you cease all collection efforts related to this alleged debt. I also expect that you refrain from reporting this debt to any credit agencies or taking any further action to collect the debt.
Frequently Asked Questions
What is Complaint #12719030 about?
Complaint #12719030 was filed against Jonathan Neil & Associates, INC regarding Debt collection specifically about Took or threatened to take negative or legal action. It was received by the CFPB on 2025-03-28T12:00:00-05:00.
How did Jonathan Neil & Associates, INC respond to this complaint?
The company responded with: "Closed with explanation". The response was timely.
What is the risk level of this complaint?
See the risk assessment section for details on this complaint's risk profile.
How do I file a similar complaint?
You can file a complaint with the CFPB at consumerfinance.gov/complaint. Select the appropriate product category (Debt collection) and describe your issue in detail.
Can I see other complaints against Jonathan Neil & Associates, INC?
Yes, visit the Jonathan Neil & Associates, INC company profile at readthecomplaint.com/company/jonathan-neil-associates-inc to see all complaints, risk scores, and analysis.
Disclaimer
This analysis is AI-generated based on publicly available CFPB complaint data. It does not constitute financial or legal advice.