Consumer complaint received 2022-11-04
Company: Rausch Sturm LLP
State: CO
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you without properly notifying you of lawsuit

Complaint:
On XXXX of XXXX I received a call from a man stating that he was from Rausch Strurm Associates, and that I had a balance owed of {$2100.00} due to XXXX XXXX, I told him that I never had an account with XXXX XXXX I had no Idea who they were, he said that they were XXXX I have never had a store account with them and I am sure it can be verified through records of accounts, email address and home address. 

I told him that a few months before I was getting calls from an agency with the same information on me but for XXXX XXXX and they had no account for me. I told him that a long time a go I have ID theft and this could possibly tie. Especially since the persons address was close to mine and I had XXXX adults and XXXX XXXX  renting from me at the time. I needed to see details pertaining to the account. 

He said that he would send me documents and fraud paperwork. I told him that I was in Az at the time ( Dad XXXX  ) I gave him XXXX addresses to send the documents too as well as sent an email on XX/XX/XXXX that I would take them via email. 

I never received the documents and did not return home to find any documents here. I did not have all the information down since I was on the road ; so I checked my credit and I did not find any accounts, and assumed it was fraud like the XXXX XXXX and other accounts. 

XX/XX/XXXX I logged into my personal checking account and they had garnished me for over {$700.00} and then my bank charged me a fee of {$100.00}. I was flabbergasted since I knew I did not have any Judgments ; I called my bank they gave me the details and I called and spoke with XXXX, he advised me that he does see my notes of Dispute and that it should have been resolved back then, he advised me that the account would be put under review and he would send me documents in a few weeks. I told him that was my housing money and that it was going to really put me in a bad situation. He said that they would release since this was a disputed account. 

I asked how they obtained the garnishment and he advised me that I had a default t judgment that was served to me by XXXX XXXX XXXX XXXX number disconnected. on XX/XX/XXXX and XXXX said XX/XX/XXXX ; either way I was not in the state at that time, It was a holiday weekend and I was in Arizona with my Family. I advised him that and he said that he would not know about the servicing. 

I expressed my concern to XXXX about my account and how I was self employed and that was all the money I had for food, rent and gas. He said that they will release it and that my account would not be garnished again. 

I kept my account open as i have too ; I live in the mountains and no banks to pull cash are near me, I went to get groceries after driving an hour to the store to find my account was garnished again. But because i only had {$290.00} in there they did not get much but my bank again took another {$100.00} fee. I called again spoke with someone else and they said that they would have someone call me and I have not heard from them again. 

1- I do not have an account never had account with XXXX XXXX  or XXXX I don't even live any where near a XXXX  maybe XXXX miles? 
2-I do not know who XXXX XXXX is and if they have a Legal Right to Collect this Debt. I need to see the Contract/Bill of Sale along with my Signatures that created this debt. 
3-No letter was ever received about this debt giving me my right to dispute with in the time frame the FDCPA allows. 
4-I was never PROPERLY SERVED therefore I never received my right to Respond. 
5-When someone called me in XXXX of XXXX they were aware that the account was already a Judgment and failed to inform me of important information, that has now compromised my living, eating and ability to get to work. 
6-I requested documents on the judgment, service and was never provided the documents.

7-They Misled, lied and continued to try and garnish me after they were aware of the dispute and the improper service.

8-I never received any notice to cure, or intent to garnish. If I had known about any of this I would have responded with my dispute.

9-The address they claim to have on file until they skipped the account was an address I have never lived at, a email address I have never had and a bank account I have never used, nor had. 



I called the court and they advised me the Sherriff of XXXX XXXX served me at XXXX however they could not provide me any documents without paying for them and since my account was just garnished I could not afford to pay for them. There is no signature on acceptance of service!

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation