Product: Debt collection

CFPB Complaint

There are two timelines and sets of debt I want to address in this complaint against ProCollect Services LLC and their attorney XXXX XXXX XXXX XXXX. But first, I want to describe why I am submitting this. 

1. This company purposely uses intimidation tactics by using police to serve summons that they do not file with the state.
2. They also take legal action by serving papers on old debt just prior to a statute of limitations that North Dakota has to protect consumers, so that they can continue to attempt to collect on debt that they have not communicated on in years. 

Ill go into more detail on each of these in my timeline of events. 

LATE XXXX XXXX
I moved to Minnesota just after an XXXX XXXX back in North Dakota and a hospital bill fell through the cracks in all of the commotion of this life event. 

XXXX XXXX
I receive 3 separate notices from ProCollect Services LLC trying to collect on medical debt totaling XXXX and gave me until XXXX to respond. I sent my response on XXXX requesting additional information to help validate the debt as laid out by the Fair Debt Collection Practices Act. One of the most basic ways of validating debt is getting the name AND address of where the debt was incurred. 

XXXX XXXX
I received a timely response on XXXX  with a physically signed letter from the actual President of ProCollect Services LLC, XXXX XXXX It contained documents of the debt but it did  not verify the addresses of where this debt was incurred. I reply back on XXXX to try again and furnish the details they are legally required to do. I then do not hear from ProCollect for months.

XXXX XXXX XXXX
After over 2 months of radio silence from Pro Collect, I receive two interactions that ProCollect took action on the same day. XXXX 
1. In the mail, XXXX  replies with the addresses for the XXXX  debt. Great, thank you for doing the bare minimum almost half a year later.
2. (INTIMIDATION EVENT ONE)The police also how up at my home and I was served papers telling me that I am required to to appear and defend against the Complaint and to file a response to the court within 21 days. I thought this very odd since I had been in prompt communication with ProCollect. Why are they serving me papers and taking legal action against me? (I will later realize that this summons is for debt approaching the 6 year statute of limitations that was separate from everything that has occurred thus far.)

XXXX XXXX  So I sent XXXX  an email on XXXX addressing the summons advising again that I am willing to continue to work with Pro Collect Services, LLC in good faith to finalize this and come to a resolution that respects the rights of both parties. 

I receive no response from ProCollect or XXXX  so I file my response with the court taking the action as stated and required by the summons.

I get a call on XXXX from XXXX XXXX (I believe to be the Court Clerk) advising me there are no active cases lodged or filed against me. She said I could either pay the court filling fee for ProCollect on top of my filling fee so that it gets filed or essentially wait. But that since no active case was pending against me, that they would have to return my court response and my filing fee. 

I later receive in the mail from the district court, my response, my filling fee and I wait.

XXXX XXXX XXXX XXXX XXXX I reach back out to XXXX  to get clarification from them on why they are serving me papers but an actual case was not filed against me? Why are they sending summons but not following through with a case and are not communicating with me? On this same letter, I also formally validate the debt for XXXX  as it was incurred at locations that I was plausibly at. In this letter I also submit a request for a settlement offer that would get this all resolved. I advise that while I dont have medical jargon and dont know exactly what each charge was for, I want to get this resolved quickly because this has been an absolute nightmare. I offered my meager Christmas bonus and some additional on top that I could try and spare, all of which equated to over half the debt. I offered that or asked for an option for a payment plan. 

I wait again in earnest for a response.

Notable Event!  Unknown to me at the time, between XXXX  - North Dakotas statute of limitations took effect on the old debt that I was served papers on in late XXXX. At this time, I also still dont understand that the summons was for the incredibly old debt and not from my latest interactions with ProCollect for XXXX.

In late XXXX, I received a letter from their attorney XXXX  dated 1/18/24 providing more information about the old debt. It included the necessary items including an itemized bill and he provided the addresses from where the debt was incurred. In this letter, unprompted, he also advised The claim of statute of limitations is not applicable in this matter as service was established prior to the date of the statute.  I never invoked statute of limitations. What statute of limitations? Why is he bringing it up as if I did especially when its not something that I was even aware of? I still dont notice that the items on this debt were from XXXX XXXX XXXX
I then receive two responses from ProCollect again that were created on the same day. XXXX XXXX XXXX XXXX - I receive an email from an employee of ProCollect (XXXX XXXX) in response to my letter to XXXX. She declined my offer and advised they cant do settlements on accounts so recent. Either pay in full or submit an application for a payment plan. (INTIMIDATION EVENT TWO) Ive attached their Payment Plan Application Form. This form requires a Federal Income Tax Return, 3 months of paystubs, ID, 3 months of bank statements and multiple utility bills. They also ask for monthly living expenses that are itemized across some very personal aspects of your life including medical and prescription health costs. How is that ok and normal? They are saying, give us access to your entire financial life including medical costs to even attempt to qualify for a payment plan or you have to pay in full. I also think this is in direct  contrast from protections that are laid out in the FDCPA, specifically the right to not have invasions of individual privacy.
2. I received another letter from their attorney XXXX  dated XXXX  with a settlement offer from ProCollect for a XXXX discount on this very old debt totaling XXXX How did a XXXX bill escalate to almost XXXX! It didnt as I of course now know. I went through the debt validation items sent by XXXX  about a week prior and noticed on the line items that they were dated back in XXXX (INTIMIDATION EVENT THREE) In this offer sent by XXXX, it ends with Please respond within 30 days. If response is not received, we intend to proceed with this matter. The only logical conclusion is that they would serve me again and actually file a case with the court instead of pretending to like they did previously. 

I take a few weeks to research this supposed statute of limitations that their attorney brought up and then began communication again with ProCollect and their attorney starting XXXX.

I reply to XXXX  on the more recent debt for XXXX that I will not be filling out that incredibly invasive form and to please escalate my case to someone else who might be able to help. 

I then proceeded to have many emails back and forth with their attorney XXXX  over the next week until XXXX. To summarize, I ask for more clarity on why this statute does not apply in my case. I emphasize that he provided debt validation after the 6 years. I advise that they only served me a summons. They did not actually file anything with the court so no action was taken. I try to invoke the statute advising that an action had to be taken. The attorney has always assumed serving a summons tolls the statute of limitations and advised that he would look into the matter further. He did and advised that under federal law, they would have had to file in court but ND state law a civil action is commenced by the service of a summons. I have more to add on this topic with what else he said in that letter but Ill provide that in my summary. 

I reply back acknowledging what he found qualifies for an action within the state. I address further concerns on their practices. Specifically validating the debt after what would have been the 6 year statute of limitations. I asked for all communications they attempted prior to me being served. I requested a consumer friendly itemized list of charges from the debt because I am not a medical professional. I dont know what XXXX XXXX XXXX XXXX XXXX  means and if I am going to be paying literally thousands of dollars for a debt that happened over 6 years ago, you better believe I want to know exactly what I am being charged for. Studies indicate that around XXXX of US medical bills have errors, with over XXXX of these mistakes due to typos. I want to make sure Im being charged for actual services rendered. And I shouldnt have to be rushed into a settlement under threat of being sued in court. 

XXXX XXXX  (INTIMIDATION EVENT FOUR) ProCollect and their attorney XXXX  have been radio silent since my last communication until this past Thursday, XXXX  when they AGAIN sent police to my home and served me with papers for the most recent debt of XXXX I have communicated in good faith with them. I have been prompt in my responses. I am not hiding from them. I have sent all my physical mail to them certified so that I know that they received what I sent incurring additional costs on my behalf. I had to incur additional legal fees to attempt to file a response with the court for a case they never filed incurring additional costs on my behalf again. And to top it off! They tried charging me for the fake summons back in XXXX  with their settlement offer. Unbelievable! 


SUMMARY
I assert that ProCollect Services LLC and their attorney XXXX  XXXX  have engaged in, and are continuing to engage in intimidation tactics to overwhelm the general public who do not have law licenses or easy access to legal assistance. They try and scare people into submitting to them and it works! Per the last email I received from their attorney, he says the following, I very seldom file an action right away becuase theres an XXXX fee for doing that. Many of my collection cases get resolved without going to court, so why incur that expense needlessly. He is trying to get the benefit of the power of the court which would intimidate any of the general public without paying the court to actually assert their power. He does the summons which he has handled by the police which has all this legal speak in it trying to coerce the population to instead reach out to him and be like We dont need to go to court for this, lets strike a deal. Whats also wild to me is that he then charges the debtor for the summons by the police that he chose to do. So he intimidates with the police with a summons he does not intend to file with the court becuase hell get the result he wants without incurring the expense of actually taking something to court. And then he tried to put that cost burden on the person who he is threatening legal action against. 

I also suspect that ProCollect in conjunction with their attorney, willfully and purposefully allow debt to get old with no communication prior to sending the police to peoples homes if at first they are not successful of collecting on the debt when it was originally incurred. I think they have a scheme where they have a list of cases that are about to expire and they make one last ditch effort to collect on it by sending a summons using the police to toll the statute of limitations action requirement in ND subverting the intention of the statute. If this scheme is somehow legal, it shouldnt be. I find it also is a breach of the FDCPA as I view it as an abusive and unfair debt collection practice. Who allows an account to go un-communicated on for YEARS and then without any heads up, just send the police to toll the statute of limitations so that they can continue to try by legal means. What have you been doing for 6 years ProCollect? 


RESOLUTION
Quite frankly Im disgusted with their conduct. I am tired of being abused and bullied by their coordinated and explicit actions to try and intimidate me. I tried to work it out with them while also protecting my rights but they kept and continue to try and use the legal system to threaten me. No more. 

1. OLD DEBT - I wholeheartedly believe that their practice to send summons on old accounts without warning (especially when at the exact same time, I have been in consistent and constant communication with them!) is an absolute abuse of power and an unfair tactic. I foresee myself fighting to the bitter end against the old debt. What they are doing is not right.
2. With regards to the more recent debt of XXXX, I am amicable to pay that in full less the legal fees I incurred when trying to submit to the court a response to their fake summons which was XXXX. Simple math brings that to a payout of $XXXX. I truly do not want to even give them a dime but here we are. However, I also want an apology letter from both the XXXX XXXX XXXX  and their attorney XXXX XXXX for the actions they took. They have caused me undue stress with something that should be a simple matter. I feel they took actions against me specifically becuase I was trying to protect my rights by validating the debt first before just agreeing to it. Validating debt is a protected right by the FDCPA whether they like it or not. It took them almost half a year to do so on the small claim and then they only did it on the old debt after tolling the statute by sending cops to my door. And they did the bare minimum after 6 years. 
3. I am not a legal person obviously but if taking a legal action just prior to a statue of limitations in a systematic way by threatening legal recourse is an abuse of power, I want them audited to see if this a common practice for them. I can all but guarantee that they do this to everyone to subvert the intention of that statute. 

Thank you for taking the time to read my case. I have included everything in terms of communications from this ordeal to the best of my bookkeeping skills. If you have any questions or clarification you want prior to reaching out to ProCollect Services LLC, please feel free to do so. You can reach out to me by phone at XXXX or by email at XXXX XXXX XXXX