Consumer complaint received 2021-06-07
Company: Harpeth Financial Services, LLC
State: TN
Product: Debt collection
Sub-product: Payday loan debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
I was served a civil warrant on XX/XX/XXXX between XXXX - XXXX while I was sleeping. I work nightshift at my job ( 15 USC 1962c ( 1 ) the debt collector assumed that it was a convenient time to communicate with me when in fact it was not. 

The warrant is stated to be a civil action brought by HARPETH FINANCIAL SERVICES LLC DBA ADVANCE FINANCIAL. It states that it is for suit on a sworn account for a flex loan agreement it states several dollar amounts due, and other amounts including lawyer fees, court fees, and private process server fees ( 15 USC 1692b ( 2 ).

It states at the bottom that " This is an attempt to collect a debt, and any information obtained will be used for that purpose. This
communication is from a debt collector '' ( 15 USC 1692b ( 2 ). It has an attorneys information on it which lead me to believe this is a debt collector ( 15 USC 1692e ( 3 ). 

It is the first initial communication that I have received from the debt collector ( 15 USC 1692g ( d ) and it has nothing stating that I have a specific amount of time to answer or dispute the alleged debt, just a court date. 

The civil warrant came served to me exposed, no envelope with my information open to anybody who touched it to see, I have no idea how many people touched it before it made its way to me ( 15 USC 1692b ( 4 ). 

Our court date was dated for XX/XX/XXXX. I showed up to court at XXXX so that the debt collector did not receive a default judgement against me. At XXXX XX/XX/XXXX after the court acknowledged my presence, the opposing lawyers ( debt collectors ) asked the defendants that were there for a case vs. them to meet with them in the lobby of the courthouse. I've never been sued before but this seemed to be outside of normal procedure. 

At this point my name was called by one of the attorneys and she preceded to ask for my drivers license to verify my information and asked me if the address on my license was my current address, my answer was " yes ''. Then the lawyer asked me about the amount of my rent and at this point I told her " I'm not sure I understand what you would need that information for '' and she asked me if I disputed the debt. I told her " yes the debt is an allegation, and I dispute it ''. The primary lawyer was standing behind me and her and told me " They would charge me more court costs '' ( 15 USC 1692d ( 2 ). I'm not sure if this was an attempt to coerce me into paying the debt but it sure felt like it. 
I asked the lawyers what I needed to do as far as having a record that I disputed the debt with them and I was told I had to do nothing, just show up next Wednesday at the same time which will be XX/XX/XXXX at XXXX. 

I was under the impression that I didn't have a choice on when to schedule the court date. This would obviously be a problem if I don't have the information I requested of them in writing yet. 

On XX/XX/XXXX I drafted up a cease and desist, and debt validation letter to ask the debt collector in writing for more information about the original creditor and for all information regarding the account. These letters were sent via us postal service with a return receipt. They were signed for on XX/XX/XXXX at XXXX XXXX by XXXX XXXX. They will be attached below. 

I would also like to mention that if I did have a contract with the original creditor, I have no contract with any third parties. The original creditor did not have my expressed consent to share my information with any third parties ( 15 USC 1692 ( a ). 

I have referenced every violation I feel to the best of my knowledge the debt collector has committed against me, especially in regards to privacy. Today XX/XX/XXXX at XXXX I have sent an Affidavit of Truth signed and notarized, and an Invoice for damages payable via Check by mail.

Company response to consumer: Closed with explanation