Consumer complaint received 2020-07-31
Company: BUDGET CONTROL SERVICES, INC.
State: CO
Product: Debt collection
Sub-product: Medical debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
At all times relevant to this complaint, Budget Control Services , Inc. aka BC Services , Inc. ( hereinafter referred to as BC ), who has a principle place of business located at XXXX XXXX XXXX XXXX, XXXX . XXXX, XXXX, XXXX  XXXX violated Fair Debt Collections Practices Act.

BC alleges, claims and affirms through execution of a signed and sworn affidavit that XXXX was duly and properly served pursuant to C.R.C.C.P. Rule 304, concerning service of process of : Summons ; Complaint under Simplified Civil Procedure ; and Answer Under Simplified Civil Procedure. 

b. XXXX XXXX, who was acting as representative for and on behalf of BC alleges service of process was executed on XXXX on or about XX/XX/XXXX around XXXX XXXX hours. XXXX XXXX also claims to be a process server, and swore under oath, executed and signed a jurat,  under penalty of perjury, that he personally served XXXX at his place of residence. 

c. XXXX challenges and responds that this never happened. Not only this but XXXX was unaware of these proceeding until recently XX/XX/XXXX, but also the reason for such a claim. 

d. XXXX further contests this service of process as improper service as fraudulent, and not ever happening, and further asks this court to throw out said service of process. 

1 XXXX wishes to press charges for perjury ( falsifying a jurat ) against XXXX XXXX for lying under oath on an Affidavit. 

2 BC alleges in its complaint that XXXX had an unpaid medical balance of {$700.00} filed on XX/XX/XXXX. This issue was not brought to Schmidts attention until XX/XX/XXXX well over 1 year later. BC appears to be attempting to unjust enrichment from the interest as well as other fraudulent expenses. 

3 Also, worthy to note is the fact XXXX wrote a letter to BC asking for itemized billing statement on XX/XX/XXXX, claimed debt was $ XXXX their response it now shows an unpaid balance of {$250.00} with costs. XXXX has never made a payment to BC. 

4 Furthermore, XXXX has already satisfied this account by settling the outstanding debt in full at the doctors office prior to a XXXX performed in XX/XX/XXXX by the same medical staff. XXXX believes there is no debt left on this medical incident. 

5 XXXX recalls only one incident in which there was any legal issue in the entire fiscal year of XXXX. There was a subpoena issued by Colorado XXXX XXXX XXXX. Thusly, XXXX contends this case is based on fraudulent acts as XXXX has been in and out of hospitalizations from XXXX through XXXX on numerous occasions for medical XXXX  and treatments. 

6 XXXX will seek other legal remedies against BC and XXXX XXXX regarding this matter. Violation exist under FDCPA, Fair Debt Collection Practices Act, as well as other violations. 

Fraud, negligence, perjury. I never given an opportunity to argue my side, they claim I still owe but now a different amount, I've never paid them a dime, my account I already paid the vendor. There legal process server falsified ( perjured ) an affidavit. Service was more than a year ago from date of service before they notified me in writing.

Company public response: Company disputes the facts presented in the complaint
Company response to consumer: Closed with explanation