Consumer complaint received 2020-04-17
Company: Lefkoff, Rubin, Gleason & Russo, P.C.
State: GA
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Collected or attempted to collect exempt funds

Complaint:
This has been ongoing with XXXX or XXXX XXXX since late XXXX when I was having trouble paying the minimum payment on this high interest with a high minimum payment credit card. I called them in XXXX, XXXX and asked if there was anything I could do to get the monthly payments down since I was having a hard time financially since my divorce affording my monthly bills and taking care of my XXXX kids. I kept getting late fees and added interest even if my payment was only a few days late ( never 30 days ). They would not reduce my interest rate, but said I could do a payment plan reducing my payment for 12 months then it would go back up to the normal rate. I agreed then they read me the " fine print '' that it would be reported on my credit report that they closed my credit card account. Knowing that would hurt my great credit I worked so hard to maintain I passed on the offer and kept trying to make the payment. I called 2-3 more times as the late fees kept showing up and asked what I could do and every time I was told something and would call back the story would change and I could not do anything. I finally after a lot of sleep lost and XXXX gained  from this had to stop making the payment because I just could not afford it anymore and the interest and fees were all I was paying as they kept racking up. I have never defaulted on ANY of my debts ever before or after this one! I started getting letters and emails from my other credit card company 's lowering my balances or closing cards that had {$0.00} balances not because I was behind on their payments but because of this card. That effected my credit even more due to high LTV 's. It also put more XXXX  and XXXX  on me since at times had to sadly rely on credit cards to pay bills and buy food for my family. 

In XXXX, XXXX I got a letter from XXXX XXXX letting me know if I don't pay the past due balance of {$1000.00} I am at risk of being referred to an attorney who may seek a judgement. I called and they said my only payment option was to pay {$190.00} for 60 months which I could not afford. 

In XX/XX/XXXX I received a letter from an attorney 's office ( they took the collection over in XXXX ) that unless I notify them that I dispute the validity of this debt or any portion thereof in writing within 30 days they will obtain a judgement. I received this letter ( dated XX/XX/XXXX ) in late XXXX and I called them XX/XX/XXXX. I was told they filed suit ( less then 30 days ) but if I want a 36 month payment plan or to offer less to settle then they will consider it and if accepted no judgement will be filed. I disputed the total in writing and the agency said they will let XXXX know and XXXX will send me paperwork. XXXX sent me a letter saying they received my inquiry dated XX/XX/XXXX & I should expect to have an answer by XX/XX/XXXX. I then received another letter dated XX/XX/XXXX letting me know they need additional time to finish researching my inquiry and should expect a response by XX/XX/XXXX. I received a package on XX/XX/XXXX from them with a bunch of past statements and a recap of my accounts with XXXX. This was their response which ended saying since the info they show reported is accurate they are unable to honor my request. For questions contact the Law firm they have handling this account. 

I received certified mail on XX/XX/XXXX or XX/XX/XXXX as notification of a complaint filed by XXXX ( I guess- it's very hard to understand ) saying I have 30 days to pay the account in full with some other confusing legal jargon. It says filed on XX/XX/XXXX on page 1, but the Affidavit from the loan adjuster at XXXX XXXX  was executed on XX/XX/XXXX ( before they sent me a resolution letter ). 

On XX/XX/XXXX I submitted an offer through the attorney 's office to XXXX XXXX  for {$3500.00}. This was basically the remainder of my emergency reserves to get me through the year that I would have to pay taxes on to take out but wanted this gone. On XX/XX/XXXX I was informed they came back with me paying a lump sum of {$6900.00}. When the paralegal told me this I started crying because I knew they were not fair and were not trying at all to work with me to pay this off even though I had tried several times to do right and pay what I could or settle. The same day, XX/XX/XXXX, I responded back to counter back with the most I could do which was {$3700.00}. The paralegal replied back on XX/XX/XXXX that he submitted that. XXXX XXXX lowered their number very little so there was nothing more I could do. I was beyond deflated! 

From there the attorney filed a motion for default judgment in XXXX which I was told about until after it was granted. I had to ask them for the documents in XXXX when I contacted them after XXXX XXXX depleted my checking and savings account doing a set-off. 

Without any warning that this could be a possibility on XX/XX/XXXX my checking account was debited {$1200.00} leaving me with a balance of {$100.00}. My savings account was debited {$100.00} leaving me with a balance of $ XXXXThey mailed out a letter dated XXXX to let me know they did this and I still owe the balance. Meanwhile {$1200.00} of that was my child support   deposited a day or 2 before and I paid a couple bills on bill pay that were going to not go through. I had no money to feed my kids, pay my mortgage, other bills etc. I had to borrow money to make sure those bills did not bounce and try and figure out what happened. I went to the local branch and was told it didn't matter that it was my child support, that you all probably would not but could do it again whenever they feel like it, and there is nothing I can do about it if I have money in my accounts. I sat in that branch embarrassed and defeated with tears rolling down my face. I was told sorry he can't help then I got up and left. My kids holidays were not very fulfilling none the less and neither was mine. 
I opened another bank account at a different bank but unfortunately that bank didn't take XXXX, XXXX or XXXX so on XX/XX/XXXX my Ex-husband used XXXX to put my child support in my XXXX XXXX account. On XXXX XXXX XXXX did another off-set. In My checking account they took {$840.00} leaving me {$100.00} to survive the month with and took {$6.00} out of my savings leaving me with a balance of {$1.00}. In shock I called the number on the letter I received dated XX/XX/XXXX telling me they once again did a set-off. I asked if they are allowed to take my child support since that money is not mine to spend on anything other than my children. he guy whom answered the phone beat around the bush until I said this is a yes or no answer- Is it standard procedure for XXXX XXXX to take Child Support from an account as part of a off-set let alone all or most of the total in a bank account? He put me on hold and checked on it then said No, if the money is marked child support than they normally would not take it. Well it was marked and they did it- twice! They also left me with NO money to live for the month both times! I said what can I do about this and he said I can write a letter and send it to them with proof so on XX/XX/XXXX I did that. I gave them the outline of how I tried to work with them, make good on my debts, settle etc and they would not do anything to work with me on something I could afford. I gave them proof they took my child support, let them know they ruined my credit by doing all of this, was given no up-front notice of filing a judgment, doing a set-off etc. I also told them in my research of set-offs not only do the majority of banks not use this technique but that banks are not allowed to take money that is clearly not meant to be used for myself like Child Support and they also have to be reasonable with what they remove from customer 's accounts to leave them money to live, pay bills etc. I ended it with I also plan to file a complaint with Reg Z. They returned the total of what they took from my checking account and it was back in my account on XX/XX/XXXX. 
As is XXXX XXXX and the law firm they hired, Lefkoff, Rubin, Gleason & Russo, PC, had not put me through enough and more than ANYONE who's credit I have looked at in the 19 years I have been a loan officer by a long shot over {$9000.00} and during a time where money is even more close to non-existent especially in most of my multiple jobs I have just to try and make ends meet I get a certified notice on XX/XX/XXXX, putting both the postal service person and myself at risk of getting the Corona virus by making me sign and her having to hand me the envelope, to let me know that on XX/XX/XXXX the attorney 's office filed a summons to garnish my wages from a part time job I have. I work hard at this all commission job for a very small amount of money per sponsorship I get and maintain or event I put on. I made around {$8000.00} last year there and while the Government, banks, mortgage companies, utility companies are doing all they can to help ease the burden all of us are facing during these times they want to take my money. They are bound and determined at ANY cost to make me pay when ALL they had to do from the start was give me a payment I could afford when I asked several times. This treatment is unusual even for them- they are seeking me out and will not stop. I feel bullied and don't understand why a bank I have loyally stayed with since I was XXXX ( through mergers ) and had my checking, savings, mortgage & HELOC with them ( and several other accounts through the years ) all in good standing. This credit card is the only late payments ( 30 days or more ) I have ever had in my life and I don't deserve this. I have never heard of anyone who went through all of this for a $ XXXX collection ( part of that is late fees and extra interest ) especially when I tried to make it right so many times. 
In my research it looks to me like this is a regulatory violation of the Truth and Lending Act/ Reg Z and the Unfair Deceptive Abusive Acts or Practices & the Fair Debt Collections Act. They are going after someone who is literally depleting money faster then I make it just trying to make ends meet and pay my debts. I am told over and over by credit cards that even though I make all my payments on time I can't do a hardship to lower my payments because I don't make enough money. WHAT?!?! Even the people who have to tell me that admit it doesn't make sense. XXXX XXXX is both relentless and deceitful, as is the attack worse than any pit bull attorney 's office they hired. I can't imagine they do this with every collection they get and how they are allowed to garnish wages during these times or take all but {$50.00} or {$100.00} of people 's money esp child support.  They won't stop and it's extremely unfair and borderline abusive! I feel I have dealt with more then any consumer should for not being able to afford a debt. I understand that I incurred this debt and it isn't their responsibility to bail me out or let me off the hook, however I also feel my trying several times to pay when i didn't really have the money, asking several times for a lower rate or payment so I could continue to pay only to be lied to, deceived and given wrong information let alone late payment fees and added interest when 2 days late is worth some sort of restitution. If that isn't enough the off-sets with NO notice for way more then should be allowed to taken out twice, a judgment placed on my home and now garnishing my wages most all without fair notice all for about {$8500.00} worth of actual debt before they tacked on all the additional fees is very harsh. My credit worthiness is shot, I can't try and sell my house because I can't qualify to buy a new place to live and maybe now could not even qualify to rent because of this 1 collection and the judgment for it. I believe the collection should be removed from my credit, the judgment and summons to garnish my wages should be removed. I firmly believe XXXX XXXX has punished me more than {$9000.00} worth and that they should be punished and fined for this unfair treatment or more like harassment!

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation