Consumer complaint received 2023-03-11
Company: Medical Recovery Services, LLC
State: ID
Product: Debt collection
Sub-product: Medical debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
So this whole situation has been going on since the spring of XXXX. Medical Recovery Services ( MRS ) seems to be able to overcome federal and state laws at every level of dealing with them. My wife was never served in the lawsuit and only appeared in the document I have provided. This whole thing is completely XXXX and seems so unbelievable. Submission of documents to come at agency request. There would be too much redaction to make most useful. 

They have filed a criminal " Contempt '' on me by purging the statement of facts and saying I never showed up to first attempt to collect via lawsuit, to which I did and spoke with the lawyer XXXX XXXX in XXXX of XXXX at XXXX County Courthouse. I told him that they were talking to the wrong person and I didn't owe the debt. I still have yet to see any " proof '' of the debt they have sued me for. I never signed anything stating I had acknowledged the debt. He didn't even remember meeting with me at XXXX County Courthouse XXXX XXXX XXXX In our last hearing he stated I agreed to a payment plan of {$20.00}, even though I told him that I couldn't even afford {$5.00} at that first interaction. He said to come to him when I could afford to make a payment plan He also told me that it was okay and that he might need to file a lawsuit to collect the debt and I didn't need to do anything, not even respond to the lawsuit. That it would get worked out later. Also in the 1st garnishment hearing that he didn't remember meeting me. 

There are 3 other known " same names '' according to Idaho State Repository, one which shares my birthday. I think they got the wrong one of us, nor cared as one has a criminal record with multiple domestic violence charges that could have led to them seeking medical care. I myself, was also XXXX for a little over a year from XXXX, which would have made it very hard to get in contact with using a basic credit background information. After being XXXXXXXX I was homeless, living from couch to couch for some time. Which also makes it difficult to inform someone of a debt. 

I had filed a response to their lawsuit and asked for a number of items, including anything pertaining to myself and the supposed debt and any information with " my name '' on it. This was never provided. On the date of the court hearing I was working labor jobs and was at the mercy of my boss as to the location. That morning I had found out we were working in XXXX XXXX, Idaho. There is no cell reception and I had planned on taking my lunchbreak to attend the hearing remotely, as it was done on XXXX. That morning I texted or called my wife and told her to call the courthouse, which she did repeatedly and left a voicemail trying to see about rescheduling as I would be out of service and my boss didn't want to pay mileage and had to ride with him. Finally, some time in the afternoon she had recieved a call from the County Clerk and was told it was too late and the judge had ruled a Summary Judgement against me. 

In collecting the debt MRS had filed a garnishment against my wife 's paycheck taking money that has made it impossible to pay many of out other debts. Our rent had doubled recently as the property acquired new ownership of the 100 year old building with asbestos and lead exposure. It hasnt had legal modifications since XXXX and is a health risk, but it is all we can afford. Paint chipping away at the structure, as it is all we could afford, among our other bills. This garnishment has not only made it nearly impossible to keep a roof over our heads and thankfully we have a couple of food banks we can get food from, including the XXXX XXXX across the street. They are using the " Community Property '' laws of Idaho to garnish my wife 's checks. I myself have recently been unable to work because of a major need for two XXXXXXXX XXXX Her income is the only income currently, I am going through the process of Social Security Disability with a number of diagnoses due to being physically abused much of my childhood ( Part of which likely caused my XXXX XXXX ) and of course the recent discovery of major medical issues. Idaho has laws meant to protect a wife 's income in its legislation, not to mention my wife would have been XXXX years old when this debt supposedly was incurred. She could have never consented to the debt if it were true. Previous to this, I was the only income as she was recovering from a major XXXX and was XXXX for nearly nine months. With my back issues, she demanded I stop working and she would work while I seek medical care. We have never had a " Community Property '' relationship and as we have a significant age difference had held a verbal contract that we would keep out assets seperate. This was mainly to protect her in the event that we were to divorce. Divorce rates with our age difference is exceptionally high. Seperate accounts that niether has access to the others. We dont even have a loan or creditcard in both our names. We share no bank accounts, we both maintain seperate accounts which if I need money to pay something, I have to ask her for money. Which since marriage there is numerous monetary transfers between our seperate accounts. Our original lease for our apartment was only in my name since the landlord did not expect our age differences to work out and only allowed me to be the leaseholder. My wife is XXXX and I am XXXX, I've had nearly the equivalent of her lifetimes. I was a XXXX in XXXX XXXX when she was born in XXXX. XXXX XXXX was also able to gain my wife social security number which was written on a copy of the response from her work. They only got my social security number through me calling them to try to figure out where this came from. When you call MRS they first ask for your name, then birthday, and finally social security number. 

In the garnishments the judgement specified that XXXX County Sherrifs Department collect her wages and process them. MRS had somehow subverted the Sherrifs Department on two garnishments, which I have email correspondence with The XXXX  and they had no record of communications with niether my wife 's employer, nor MRS themselves. We can not afford a lawyer and I have proof that the local legal aid will not accept any case at all, via screen recording every reason listed as what they handle and can help on. The self help section has no real value or has broken links that lead to dead pages. I have also talked to a woman from the local legal aid that said they dont handle debt collection, contrary to what the state and local legal aid websites state. This is another issue that seems to not only effect me, but anyone else in need of their services. 

XXXX XXXX has been the presiding judge on this case, and I suspect that he handles strictly MRS cases. He seemed to not remember ever meeting me in our last hearing, even has it was his authority that issued the Criminal Contempt Charge threat of a XXXX XXXX XXXX XXXX  Our last hearing he has denied all of the protections under state and federal law that should apply in the case and allowed the garnishments to go around his orders in the judgement and MRS to collect funds with no protections or accountability until this last garnishment made in XX/XX/XXXX which was made ahead of the court hearing. During the last hearing for garnishment, it was my wife who noticed that XXXX XXXX had filed the wrong documents, which were previously used and not current. All of XXXX XXXX case was filed wrong, if I had made the mistake in court, the whole thing would have been thrown out and ruled against me. I know I am not the only person who is poor and debts of a few hundred dollars is turned into thousands of dollars bevause of MRS and/or XXXX XXXX , even though, if you were to walk into his office, it seems like there are very few people who actually work there. The whole thing stinks of corruption. XXXX XXXX also refused both my wife 's and I 's claim to all the exemptions and protections Today XX/XX/XXXX I walked into the office of MRS and asked for all the documents in regard to my account, to which I was told that the debt was no longer theirs, but was XXXX XXXXXXXX XXXX law firm, which if I remember right would make him a debt buyer, which is not collecting in the name of the Hospital, but in his name. I then went to his office and the receptionist said they couldn't give me anything I wanted and that it was my fault because even though my response was direct in asking for certain items in the original lawsuit. They refused to even give me any proof of the debt, which after 2 years I never recieved or seen. 

During most of this I have been under the influence of pain and aXXXX XXXX  three times a day, due to my past that has created XXXX XXXX, XXXXXXXX XXXX XXXX, and in the past two years been XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX and months with a stent and the surguries to remove them. Plus I am under medications that are known and purposely induce short term XXXX to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX All while dealing with this. It has costed us so much to keep moving forward, including me having to be given a stronger XXXX XXXX I also was in a vehicular accident that exposed and possibly caused more damage. I have since been given a XXXX XXXX to aid me in social situations and been officially designated as XXXX enough to now have a XXXX XXXX. All while dealing with issues of money, this lawsuit and following garnishments, and my wife stressed out beyond what a XXXX XXXX XXXX should be subjected to over this. 

I believe that XXXX XXXX 's influence as a former Idaho State Legislature has made him be able to file wrong documents, fail to meet the terms of proving the debt, and have a judge that is exclusively available to him. 

He has also been able to step himself over child support arrears of close to $ XXXX and another judgement filed by the State of Oregon for a XXXX  when I was XXXX. It has also created a ton of stress as many bills can not be paid and will soon bury us. He also will soon have to step over me needing to pay for my {$60.00} of college debt. Under the precedence he has set, it opens a huge whole in credit protection for spouses everywhere. Both my wife and I had got our credit score from the upper 400 to close to 700, now after all this we have fallen back to upper 400- lower 500 due to not being able to pay debts. 

My complaints are made toward : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX  Involves but not against XXXX XXXX Sheriff 's Department All but one of the court interactions have been recorded via XXXX and hopefully documented at the courthouse.

Company response to consumer: Closed with explanation