Consumer complaint received 2020-11-04
Company: Francy Law Firm, P.C.
State: CO
Product: Debt collection
Sub-product: Other debt
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
On XX/XX/2020 I was served a summons for debt collection. ( However, it was not served directly to me, it was served to my boyfriend. This is the first time I was notified of the debt. I went to court to file my answer, and was informed that the case had not actually been filed. 807. False or misleading representations ( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken. ( 9 ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. ( 13 ) The false representation or implication that documents are legal process. 

In the paperwork I was served I was not given the option to dispute the debt, only to file an answer, which I was unable to file because they had not actually filed a case. I wrote a letter to the company, with a copy of my answer ( sent on XX/XX/2020 ) stating that I was willing to pay the debt that I owed, but because I was not made aware of the debt until now I should not be held responsible for the interest or attorney fees. I then received another letter in the mail giving me a number to contact if I was interested in settling the debt. ( Dated XX/XX/2020 ) I called the number, and voiced the same resolution to the debt collector. She immediately stated that she had been trying to reach me since XXXX and had sent three notices to my address, then put me on hold to get the settlement amount. While I was on hold I went through my phone and did not find record of any voicemail and went through my unopened mail and did not find anything from the debt collector. When I was taken off hold I told this to the debt collector, and I was told that it was " petty for me to be arguing about this. '' I said that I thought the account was closed, and did not know another charge had been allowed to go through, I was never notified by the creditor or the debt collector until I was served the " court '' documents. She then began to verbally berate me, saying that I was irresponsible and that " she always checked to make sure her accounts were closed '' and that I was responsible to follow up, while not taking any ownership of the creditors or her responsibility to notify me in writing of the debt. I hung up the phone, and she immediately called me back demanding my credit card information. I requested that I be given records of the times she attempted to contact me by mail and by phone because I had no record of it, and I assumed she would have this information if she was planning to take me to court for the debt. She told me she " doesn't have time for this '' and was " done wasting time on the phone with me. '' She hung up the phone, and I then called back and asked why she was refusing to provide documentation. She told me she would request the documentation IF I settled the account and I would get the documentation IF the request was approved. She refused to give me any more information and repeatedly asked for my credit card number, saying things like " well I guess we'll see you in court and you'll have to pay the full amount instead of settling it now. '' I also asked her how she would have left voicemails on my phone when she was not aware that it was a private voicemail because I do not have a greeting on my voicemail identifying that it belongs to me, she became very rude and short with me. I was told that since I am not paying the attorney fees and interest it will be filed as a partial settlement and my credit would be negatively affected. I agreed to settle after being repeatedly harassed for my credit card information and told that I might get the information I requested in the mail.

Company response to consumer: Closed with explanation