Consumer complaint received 2022-08-18
Company: Kenneth E. Davidson, Attorney
State: CO
Product: Debt collection
Sub-product: Other debt
Issue: False statements or representation
Sub-issue: Indicated you were committing crime by not paying debt

Complaint:
XXXX XXXX XXXX was an attorney I worked with, who was a Guardian et litem / Child Legal Representative for my my minor child, in a family case, and she closed her practice in XXXX of XXXX. I was subsequently notified that the alleged legal fees I owed XXXX XXXX were being turned over to XXXX XXXX XXXX XXXX XXXX in XX/XX/XXXX. I had made XXXX XXXX aware that I disputed these fees, multiple times prior to her closing her office. 

I filed an Arbitration Request with XXXX  XXXX XXXX. Legal Fee Committee on XX/XX/XXXX, and it is currently pending a response from XXXX XXXX, who is represented by XXXX XXXX 's Collection Firm. 

Since first finding out the debt had been sent to XXXX XXXX 's firm, I disputed the amount, disputed being the responsible party, and filed all applicable paperwork with the court of jurisdiction, XXXX XXXX XXXX XXXX Judicial. 

XXXX XXXX, nor his client, XXXX XXXX, ever advised me that I could settle the fee dispute with the XXXX XXXX XXXX. Arbitration Committee. 
- See attached XXXX  request We completed XXXX in XX/XX/XXXX, and the court hearing was scheduled for later that Fall. Because of the XXXX  mandate still in place in XXXX XXXX XXXX XXXX Judicial Courts on the date of our hearing, XX/XX/XXXX, I had been XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  and a default judgement was made against me. It was filed on XX/XX/XXXX. I had called the Clerk 's office to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX the clerk informed me that I could file a motion against the judgement. I received a letter from XXXX XXXX on XX/XX/XXXX asking me to contact him directly stating I am willing to work with you in whatever rational and reasonable way I can to liquidate this account in an orderly fashion. I contacted XXXX XXXX 's office to try and resolve the issue via email on XX/XX/XXXX. 
- See attached PDF letter from XXXX XXXX dated XX/XX/XXXX - XXXX attached email to XXXX XXXX dated XX/XX/XXXX. 

Subsequently, XXXX XXXX XXXX  Assistant, XXXX, called me back on XX/XX/XXXX, and XX/XX/XXXX but XXXX XXXX never returned my calls, or emails. 
- XXXX voicemails XX/XX/XXXX, XX/XX/XXXX I emailed XXXX XXXX again via email on XX/XX/XXXX, requesting he communicated with me via EMAIL, as it was my preferred method of communication. XXXX XXXX 's email contains an automatic reply, that the sender has to respond to in order to bypass the Spam block. This should not be allowed from collection companies/ attorneys/ law firms. 
- See attached PDF of email to XXXX XXXX I received a letter from XXXX XXXX XXXX  Assistant, XXXX XXXX, in XX/XX/XXXX, requesting to contact their office to discuss the judgement/ payment options. 
- See attached XXXX of letter sent XX/XX/XXXX I emailed XXXX XXXXXXXX XXXX office on XX/XX/XXXX again repeating the same information I had previously requested to speak about, and asked that he respond via email, for my written documentation. No response came from XXXX XXXX, or his office. 
- See attached PDF of email request XX/XX/XXXX I filed a Motion to Dismiss Judgement in the XXXX XXXX XXXX XXXX on XX/XX/XXXX, after my Good Faith Effort to communicate with XXXX XXXX was ignored 5 times, and I learned that I had a XXXX XXXX ( CO XXXX XXXX. Fee Arb ). 
- See attached PDF for motion to set aside and dismiss XXXX XXXX 's XXXX Attorney? XXXX XXXX XXXX, drafted the response for XXXX XXXX 's Firm, and made false statements against me, filed it in court, and it is now a matter of public record. XXXX XXXX version is as follows : These Interrogatories are to be answered separately for each Defendant named, even if you are husband and wife. Failure to answer EACH AND EVERY QUESTION truthfully and completely within 14 days may result in your being held in Contempt of Court, for which a JAIL SENTENCE AND/OR FINE CAN BE IMPOSED. 

- See attached PDF of response to motion - See attached PDF of letter from XXXX XXXX XXXX XXXX, and his Associates, XXXX XXXX, and XXXX XXXX ( Assistant ) are violating the FDCPA through their avoidance communication, and unwillingness to fulfill the firms own statements of willingness to discuss this matter. XXXX XXXX firm has not shown that they had any intent to follow through on their written communication to discuss this matter, which mislead me as to their intention to work on a settlement post judgement. Because of this deceptive collection tactic, it resulted in my delay of a court response to dismiss, and once filed was subsequently denied. XXXX XXXX firm also includes threatening forms of CO State/ Federal Forms/ verbiage - written interrogatories- to incite fear of jail time for non compliance for completing written interrogatories, and this is a deceptive collection practice, because you can not go to jail for only not completing that form.

Company response to consumer: Closed with explanation