Consumer complaint received 2019-01-17
Company: RCS Recovery Services, LLC
State: CO
Product: Debt collection
Sub-product: Mortgage debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Collected or attempted to collect exempt funds

Complaint:
Hello, RCS Recovery Services initiated collections against me on XX/XX/XXXX, and then filed a lawsuit with XXXX County District Court, XXXX XXXX, Colorado, on XX/XX/XXXX, when I refused to pay the {$36000.00} they said I owed for a second mortgage I defaulted on sometime in XX/XX/XXXX. 
Mediation for this matter will be at the XXXX County Courthouse in XXXX, Colorado, on Tuesday, XX/XX/XXXX, at XXXX XXXX. 
I found the Consent Order online while researching in preparation for my case and discovered that RCS Recovery Services had not complied with numerous provisions by which they were bound in perpetuity. 
1. I am judgement proof. My only income is from VA XXXX and Social Security. I own no property. 
2. I have stated this repeatedly, yet they continue to hound me with this lawsuit. I am XXXX years old, retired, and a XXXX veteran. I believe their intent has been to wear me down and hope that I not show up or fight them, as your Consent Order details. 
3. Their documentation is faulty and confusing, lacking dates, my name, and does not demonstrate standing. 
4. This lawsuit is well past the Statutes of Limitations timeline for Colorado, 6 years. They tried to ameliorate this by stating that if the original financial institution accelerated the loan, they rescind the acceleration. They have yet to answer their own question, nor have provided documentation, about acceleration. 
5. RCS Recovery Services has violated this mandate : IT IS FURTHER ORDERED that Respondent, Respondent 's  officers, agents, servants, employees, and attorneys, and all other persons in active concert or participation with any of them, who receive actual notice of this Consent Order, whether acting directly or indirectly, are permanently restrained and prohibited from : 125. Collecting or attempting to collect any Time-Barred Debt through litigation or arbitration. 
6. They did not include this information in any of their collection correspondence with me : Respondent will include the following statement : " For those Time-Barred Debts that generally can not be included in a consumer report under the provisions of the FCRA, 15 U.S.C. 1681c ( a ), but can be collected through other means pursuant to applicable state law, Respondent will include the following statement : " The law limits how long you can be sued on a debt and how long a debt can appear on your credit report. Due to the age of this debt, we will not sue you for it or report payment or non-payment of it to a credit bureau ; '' and The law limits how long you can be sued on a debt. 
Because of the age of your debt, we will not sue you for it. " 7.  They provided no original account-level documentation of the foreclosure. 
8. They did not state the amount for which they purchased the loan. 
9. XXXX XXXX appears to have also purchased the loan, but the documentation RCS Recovery Services provided is undated and contains no dollar amount. The confusing few mentions of XXXX XXXX does not make it clear if they bought the loan from, or sold the loan to, RCS Recovery Services.

10. The law firm representing RCS Recovery Services, XXXX XXXX XXXX, XXXX, has five lawyers, fitting the description by the CFPB Consent Order of their employing small firms all over the country. 
11. I do not have the money to employ a lawyer and have been representing myself throughout. I believe I will prevail because of my tenacity, research, and belief that I do not owe RCS Recovery Services a dime. However, this has taken a toll on my health. I XXXX   more than ever and have been XXXX XXXX XXXX XXXX in the past few weeks in anticipation of mediation and the trial. I had my XXXX XXXX XXXX in XX/XX/XXXX, involving all of my XXXX and most of my XXXX XXXX. Beginning about a year prior, I was in XXXX XXXX XXXX, with XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX. The recovery is ongoing. I expressed this to the Plaintiff, and I believe they have exploited my weakness during this period. I am seeing both a XXXX and a XXXX   at the XXXX XXXX XXXX XXXX Hospital in XXXX, Colorado, and have discussed this issue at every visit. 
12. Mediation was XX/XX/XXXX between attorney XXXX XXXX of the XXXX XXXX XXXX and myself. I stated my position that they did not have standing, the case was well beyond Statutes of Limitation, I am judgement proof, their documentation was fatally flawed, I will not pay them a dime, and invoked XXXX XXXX XXXX XXXX XXXX XXXX ( they inflicted their injuries on themselves by purchasing a debt that was beyond the Statutes of Limitations. ) 13. XXXX tried relentlessly to intimidate and shame me. She pretended not to know about the CFPB Consent Order. She tried to get me to enter into a judgement without going to court. She said that she had been before this judge many times and that he never ruled for the defendant with defenses such as mine. 
14. I ceased participation and mediation was concluded. 
15. The pre-trial conference will be in two weeks, followed by the trial on XX/XX/XXXX. I will contact you with updates and documentation. 
16. I will forward current documentation as soon as I have it organized and scanned.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation