Consumer complaint received 2019-09-19
Company: HW Holding, Inc
State: TN
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
Hello, I accrued a debt from an apartment complex judgement in XX/XX/XXXX. As specifically directed by the complex, I paid the debt to Hunter Warfield in XX/XX/XXXX. Debt remained on my credit report after repeatedly notifying ALL parties involved from XX/XX/XXXX-XX/XX/XXXX. I was unable to rent an apartment in my name for YEARS ( XX/XX/XXXX/XX/XX/XXXX to be exact ). 
I believe the collection agency committedseveral violations ( FDCPA and others ) Including but not limited to : 807. False or misleading representations 808. Unfair practices ( 1 ) 809. Validation of debts 812. Furnishing certain deceptive forms 813. Civil liability ( Specifically B-1 ) -the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional I have every single receipt, email correspondence, credit report, direct dispute to the credit bureaus, complaint #, Attorney/Firm of record information, rental application, adverse action letter, video, audio etc ... to validate my beliefs. The collection agency is also aware of our interactions over the years. 

The collection agency is not only blatantly rude and egregiouslydeceptive at every turn, they are also extremely reliant on the statute of limitations. However, I recently discoveredthe court and law firm of record was never paid nor notified the debt was satisfied. Credit reports no longer report judgments butto this day ( XX/XX/XXXX ) I have an unpaid judgement in my name until XX/XX/XXXX. The statute of limitations on a civil judgement is 10 years. Legally I am still subject to garnishment if anyone ever tried to pursue action. It is my belief, that they acted fully as creditor and in doing so violatedTennessee Code Title 26. Execution 26-2-217 : ( 2 ) The judgment creditor shall notify the court clerk of the balance due upon a judgment whenever the creditor causes the issuance or revival of a garnishment thereon. Furthermore, the judgment creditor shall notify the court clerk when the judgment has been satisfied. Tenn. Code 26-2-217 Please note, there is NO DISPUTE from either party that the debt was paid in XX/XX/XXXX. The issue, as I believe, is that they want to separate the judgement from the debt and deny responsibility forall related items that appeared on my credit report ; yet, they acted fully on their client 's behalf when they accepted the payment ( and approved it's deletion in XX/XX/XXXX ). I can also prove that even if it is two separate issues, even their client was unaware of this arrangement. 

This issueis from my very first apartment. As a regular adult, I could not simply give up my attempt to provide shelter. IHAD to keep all of my documentation in order to embarrassingly explain this situation repeatedly to rental properties. I literally made life decisions based on this. This has been continuously stressful but with family, I make it through. 

It is my sincerest hope that they are unable to do this to anyone else. 

Most importantly, Thank You for this service. Like many others subjected to predatory business practices, I do not have counsel. I only have my voice. Iam grateful for theefforts of those who tireless work to increase our tone. 

Best Regards, XXXX XXXX XXXX XXXX XXXX XXXX

Company public response: Company believes complaint represents an opportunity for improvement to better serve consumers
Company response to consumer: Closed with explanation