Consumer complaint received 2015-12-29
Company: Diaz & Associates, Inc.
State: FL
Product: Consumer Loan
Sub-product: Installment loan
Issue: Problems when you are unable to pay

Complaint:
In XXXX I owned a one person, one XXXX company and a XXXX business. Business was good and so was my credit. In late XXXX XXXX work started slowing down and so did my XXXX that are workforce occupied. In XXXX things got worse and then worse yet on XXXX and XXXX. Because of my good credit I had several credit cards with high limits, thinking the slowdown was temporary, my credit card balances got higher and higher until they were shut off and not being able to pay were defaulted. 
In XXXX work started to pick back up and I began settling accounts until I had paid off or settled every account that had contacted me. In XXXX I had partnered with some people to buy some vacant land and was elected XXXX XXXX XXXX, " XXXX XXXX XXXX. '' The bank that the company had an account with sent a " sign and use '' credit card that was also defaulted in early XXXX because the window of opportunity for the development of XXXX had closed on the owners. I lost {$32000.00} in the vacant land deal. 
In XXXX of XXXX I received a call from a person who said he represented a collection agency that had purchased a bundle of old accounts and realized that the one for XXXX was about to pass the statutory limit for prosecution. He stated that because it was so close a law suit would be filed the next morning, but that he had convinced the company to allow him to reach out to me to try to settle the account. He stated that with a signed agreement he would be able to work out an agreement that included deep discounts to the total balance. I asked for time to consider this but he stated that he was leaving the office in ten minutes and the suit could only be stopped if I signed and faxed an agreement that he had e-mailed me. Because I did not want a suit filed against me I signed the agreement and faxed it back. 
Almost immediately I began to suspect I had been conned. With just a little research I determined that this account had been in default for almost 6 years. The law in FL requires a legal attempt to collect on this kind of contract within 5 years. I did not make any payments required by the agreement that I signed because I was lied to. In XXXX XXXX I was filed on and responded to the court with the the above information. In XXXX XXXX there was a hearing and because I had not answered the suit in affidavit form, it was if I had provided no answer at all. The judge stated that she felt she should continue this case to allow the correct format but the plaintiff 's attorney argued vociferously that his client deserved a judgement. The judge informed that I should have been more careful, that I should appeal this ruling and then gave the plaintiff a summary judgement. I contacted an attorney to appeal this judgement and his bill is already up to {$6000.00}. In the suit the plaintiff states he bought a group of accounts, that this was XXXX of, with " with no knowledge of their validity. '' I was lied and conned and then sued based on the lie and because of not responding in affidavit form now have a judgement against me and have had checking accounts garnished.

Company response to consumer: Closed with explanation