Consumer complaint received 2019-04-25
Company: The Day Law Firm, LLC.
State: GA
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened or suggested your credit would be damaged

Complaint:
We are raising a new concern regarding debt collection practices our recent filing on the following : We originally opened an account with XXXX XXXX via their third party creditor - XXXX XXXX XXXX - who has taken advantage of us as consumers, U.S. Veterans, and XXXX XXXX Minorities. We previously reported and wrote a letter in XX/XX/XXXX that we were experiencing extenuating medical and financial circumstances, due to our daughter being hospitalized for over 34 Days in XXXX and my major job loss and made many attempts inXX/XX/XXXX with calling in to request special exceptions and special programs due to these difficult challenges we were having and my husband had already given XXXX the permission to speak with me, XXXX XXXX, ( his wife ), which is documented and taped on XXXX recording systems as well. They made no attempt to provide us with a special finance program due to the extenuating financial & medical circumstances we expressed and have be exasperated mentally and physically over the last 2 years with caring for our daughters major illness and life-threatening medical condition she encountered at the end of XX/XX/XXXX while away at school. We encountered over {$70000.00} in medical bills and had to care for our daughter. Although we made concerted efforts to notify XXXX and request a special exception/program, they showed no empathy nor sympathy concerning our situation and we were not given any notice until someone knocked on our door regarding lawsuit paperwork which were unaware. We also did not receive the proper notification that it was being turned over to a lawyer or the written prior indication that a lawsuit was imminent via a document called a Notice of Intent to Sue. Upon receiving the falsified lawsuit, I again made multiple calls to XXXX starting in XXXX, XX/XX/XXXX &XX/XX/XXXX& XX/XX/XXXX, in an attempt to discuss the account, the letter they received in XX/XX/XXXX, and potential workout plans but was never given the opportunity avail. I explained that I sent letter explaining our situation in XX/XX/XXXX when our daughter was hospitalized for 34 Days Including XXXX  and never received a response on workout plan. I also spoke to Ms. XXXX, the Assigned Account Manager, in XX/XX/XXXX who stated she would escalate the request to her management team to reduce the balance and see what type of settlement offer they could provide. However, I never heard back. I made other attempts over 10 to call back in to pick up the conversation which was had in XX/XX/XXXX and was promised they would get back with me but never did and calls were recorded on their systems if they did not delete them. I also reached out to contact XXXX again in XX/XX/XXXX, & XX/XX/XXXX and spoke with another Account Manager,  XXXX, after being directed to the shark Day Law firm whom they hired and who also utilized stall tactics, claiming they reached out to XXXX regarding our multiple requests to negotiate the balance he was attempting to collect on a {$2000.00} card with costs inflated to {$4000.00}. XXXX claimed she was also going to get with her manager to request an exception to negotiate the balance and promised to circle back to me on XXXX XX/XX/XXXX, since I made attempts to contact the lawyer via phone and they were screening and dodging my calls. However, I never heard back from XXXX and attempted to call back in on XXXX XXXX and received various transfers to different people which was another run around stall tactic. I also made several attempts to contact The Day Law Firm to speak with XXXX the assigned law representative the The Day Law Firm and on almost every instant between XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, she avoided my calls and would not pick up the phone. I also had to dial another extensionXXXX, to get someone else to pick up and reach XXXX so I could discuss the account and try to negotiate, after they also received an email per their instruction from my husband to grant me permission to speak on the account. Also, we were originally inquiring with a lawyer via XXXX XXXX to attempt to send a negotiation letter on the account, however, that was denied as well. We did not retain the lawyer and was subsequently told that we now needed to send a letter of release from XXXX XXXX XXXX, but we never retained them. These were also other illegal forms of stall tactics utilized by the Day Law Firm which was hired by XXXX XXXX XXXX to come after us, although we made several attempts to notify XXXX of our situation and request a Workout Plan but was denied or lied to on every count. Also, with other attempts to reach Day Law Firm via email and voicemail messages, I asked if they had reached out to XXXX on XX/XX/XXXX, and they claimed they were waiting to hear back. However, when I reached out to XXXX on the late afternoon of XX/XX/XXXX and spoke to XXXX, she informed me that they had no indication on file or anywhere in the system that the Day Law Firm reached out to them, since we proposed negotiations on XXXX XXXX. I also left a voice mail to the XXXX XXXX XXXX  regarding their stall tactics, since I did not receive an answer from XXXX nor did I receive a return call on any of the messages I left with Day Law Firm. They were also taking advantage of us during this time because they knew an Answer had to be filed by XX/XX/XXXX or else it would Default to a Judgement which were trying to avoid. And widen I did finally get XXXX on the phone after her colleague went to her desk on XX/XX/XXXX, I was told we did not have to file an Answer by XXXX at Day Law Firm as she claimed, we are waiting to hear back from the client and most people don't file an answer and I said I wanted to be certain that they would not try to default and she said no that wont happen. However after, the call she never picked back up each time I called in and I, in turn, called XXXX again, and spoke to XXXX who claimed she did not know what filing an Answer was, although she was in the Legal department and also wanted to verify where my husband worked when I called in on XX/XX/XXXX & XX/XX/XXXX, although this had never been discussed previously. Each party, XXXX and The Day Law firm were corroborating against us and not willing to help us and attempting to take advantage of us in the process. Also the account is under {$3000.00}, however, the Day Law Firm, on purpose and with ill will intent filed the claim in State of Georgia Civil Court vs. the Magistrate XXXX County Court which oversees civil claims under $ 25K only to take advantage of XXXX Minorities in attempt to take their payroll checks in hopes of one not filing an Answer or making it difficult on the defendant. Therefore, we also believe we are being discriminated and retaliated against as U.S. Military Veterans and XXXX XXXX XXXX Minorities which I stated to Day Law Firm as well via email phone call on XX/XX/XXXX& XX/XX/XXXX due to stall tactics lack of empathy, and on purpose telling us lies between XX/XX/XXXX & XX/XX/XXXXand taking advantage of us in a vulnerable state as XXXX XXXX XXXX Minorities and U. S. Military Veterans. 

We are requesting that XXXX work with us on the real balance of the account which is {$2300.00} and discuss letter and request for workout plan, prior to our account being transferred to The Day Law Firm in XXXX, GA who takes advantage of XXXX XXXX XXXX Minorities in the GA. I was informed by a XXXX the balance was {$2300.00} prior to in being transferred to Day Law Firm and had to ask for the Account details, but was not provided this information by XXXX when I called in XX/XX/XXXX, although they had access to it but was told they could not retrieve and had to go through the Day Law Firm. I kept getting the run around regarding this request as well and after requesting it repeatedly in email and phone with Day Law Firm, they did not send it until XX/XX/XXXX, the last day to file an Answer. This was also done on purpose by the Day Law Firm.

Company response to consumer: Closed with explanation