Consumer complaint received 2019-07-15
Company: FIFTH THIRD FINANCIAL CORPORATION
State: FL
Product: Debt collection
Sub-product: Other debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened to sue you for very old debt

Complaint:
I received a phone call from XXXX ( XXXX ) XXXX at around XXXX eastern time on FridayXX/XX/XXXX. They left a voicemail, which I have retained. It appears to be a process service company, but when calling the number back I get either a voicemail for " XXXX XXXX with the Process Service Dispatch Unit '' or I get a live person by the name of " XXXX XXXX '' who has a similar voice. I have not been able to ascertain what the company 's actual name is. They left details in the voicemail stating that a process service attempt would occur between XXXX and XXXX on Monday XX/XX/XXXX at my residence and they gave the address of that residence in the voicemail. They also contacted my father and a family friend and left the same voicemail. 

They also stated the phone number of the firm that was filing the action against me. This was given as XXXX and I was given a case number to reference. The voicemail stated that I or my attorney should call the given number as soon as possible. I called this number at around XXXX eastern time. It was answered as " legal department '' and after giving my case number I was transferred to someone named " XXXX XXXX ''. This person said I had a debt of {$1400.00} dating from XX/XX/XXXX in the form of a bank account with 5/3rd Bank that was closed due to being overdrawn. My last dealings with 5/3rd Bank were back in XX/XX/XXXX. XXXX said that I was going to be served with a summons, and that failure to appear would result in a summary judgement against me for the full amount plus court fees and the costs of representation. She stated that a lien could be placed on my property, my wages could be garnished, and that they could file a derogatory action against my credit report. At this point she offered an out of court settlement amount of {$960.00} that could be taken care of at any time up to and including close of business that day, which she gave as XXXX Pacific time, and she said " after that there is nothing I can do to help you out ''. I asked for the firm information, and was told that she works for a law firm with the name of XXXX and XXXX, and that the address is XXXX XXXX XXXX, XXXX XXXX CA. XXXX. I had not received any written request for this debt prior to this, so I was not comfortable making payment without so kind of assurance that this was valid. I asked what my recourse was if I wished to dispute this and XXXX indicated that I would have to receive the summons and then essentially plead my case before the judge, but that I could still get back in touch with her before the close of business that day. I got off the line, made notes about the phone call, and went through my records. 

I have nothing on my end to indicate that this is a valid claim. I attempted twice that day to get back in touch with XXXX at the previous number, but had to leave a voice message both times. I said in my second message that I would be at my residence during the time frame indicated to receive the service of any summons. On Monday I tried to call the process server who initially called me to verify that they were coming by, but was told by them to contact XXXX and XXXX for any questions I had. So I called XXXX and XXXX again and left another message. I got a call back from XXXX from XXXX XXXX again. I asked her if she was still sending the process server and she said I would have to check with the process service company. I asked for written verification of this debt because I believe it is required by law, but she indicated that we were " past that because it has been sent over to the process server and you are going to be taken to court ''. I stated that I still do not believe the claim is valid and that I would still like a copy of the verification of the debt for my records. She offered to send it to me by mail and email. I also indicated that I felt this would be thrown out as an invalid debt because of both its age and because I have not received any verification of this debt prior to this action being taken. She at that point became quite confrontational, telling me " If I've got it all figured out I can tell the judge how to do his job and he'll just dismiss it ''. I was taken a bit aback and again mentioned that I do not feel this is being handled in accordance with standard debt collection practices, at which point she said " This is not a debt collection company sir, this is a law firm ''. I am a bit confused how a firm who is " not a debt collection company '' would be willing to offer to collect a settlement amount from me in the first place. She ended the call before I could give her my email address, which is one of the few things they didn't say they knew about me. 

I did a bit of digging and I can not find a XXXX and XXXX law firm in XXXX XXXX through any web search. I also tried digging into the California and Florida Department of State websites looking for law firms with that name. The address given is a large office building with many law offices that I could find, but I was not given a suite number by XXXX XXXX when we spoke. I also tried to search my own name in both my county and other jurisdictions to see if there are any pending court cases that have been filed, and could find none as of this writing. 

I waited at my residence the full day, 7 feet from the front door, and no process server came during the entire XXXX to XXXX window they mentioned. I have tried to call back both the number I originally received the process service notification phone call from and XXXX at XXXX and XXXX, but I have not received any response and we are now an hour outside the window they mentioned. I have lost a work day due to this threat of litigation. Either the threat was empty and therefore not in keeping with the law, or they are attempting to circumvent actual service and get me trapped with a summary judgement when I don't appear to a court date that I was never made aware of. 

I am strongly considering getting a lawyer to assist with this, but seeing as I can not find any information on these firms, I am starting to believe they are completely fictitious names and I won't be able to hold them accountable. What's most worrisome is that these people had detailed information about me. They read back my current and previous addresses, my social security number, my drivers license and date of birth all without me giving them any of that information. They know more about me that I may ever know about them and that is unsettling. 

If this debt is legitimate, I would be more than willing to deal with it. However, I have not been supplied with anything that indicates to me that it is valid before being faced with a phone conversation that essentially says " pay now or we'll see you in court, and by the way you have just a few hours to decide which way it's going to go ''. It is even more stressfull because even if I was inclined to pay after my initial conversation with her, I was unable to get back in touch despite multiple calls and two voicemails. The deadline passed and I have no further recourse. I still have not received any summons, nor have I received any written verification of this supposed debt.

Company response to consumer: Closed with explanation