Consumer complaint received 2022-03-21
Company: Rausch Sturm LLP
State: CO
Product: Debt collection
Sub-product: Credit card debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
This complaint is for both companies, XXXX XXXX XXXX and Rausch Sturm LLP I initially had an account with XXXX XXXX XXXX regarding a collection with Smile Generation in the amount of {$1400.00}, however a settlement agreement in the amount of {$1000.00} was established in the courts as of XX/XX/XXXX of {$25.00} monthly payments. From XX/XX/XXXX till XX/XX/XXXX a total of {$450.00} has been paid towards the {$1000.00} which leaves a balance of {$550.00}. XX/XX/XXXX, I received a letter from XXXX XXXX XXXX informing me that my debt had been moved from them over to Rausch Sturm LLP starting in XX/XX/XXXX. 
XX/XX/XXXX I then received a letter from Rausch Sturm LLP with a proposed stipulation with an amount of {$1100.00}. 
I contacted Rausch Sturm LLP to dispute this amount and explained to them the above information. I then received a document from XXXX XXXX XXXX with a stipulation for judgement stating : " Defendant hereby confesses judgement in favor of the Plaintiff in the amount of {$1500.00} ( " Judgement Amount '' ), which is comprised of principal in the amount of {$1400.00} and court costs of {$170.00} with post-judgement interest to accrue at the statutory rate of 8.00 % per annum '' Then it states an agreement of payments of {$25.00} monthly to start XX/XX/XXXX, XXXX payments in the amount of {$2500.00} first payment XX/XX/XXXX, and XXXX payment {$21.00} under this arrangement due XX/XX/XXXX, if I was to agree on the settlement of {$740.00} which was more than the balance from XXXX XXXX XXXX. Once again, I did call and disputed this amount. 
During this time, I have contacted XXXX & XXXX twice, both times to request the final paperwork with my balance of {$550.00}, Attorney XXXX also voiced to me over the phone as well stating that was my balance was {$550.00}. Attorney XXXX informed me that he had sent that paperwork over to Rausch Sturm LLP. Only document that Attorney XXXX emailed to me was the initial settlement that was agreed on in XX/XX/XXXX of {$1000.00}. 
I then received a letter on XX/XX/XXXX from Rausch Sturm LLP again requesting for a payment schedule to be set up for the amount of {$1100.00}, also attached with XXXX other documents, XXXX showing XXXX XXXX XXXX, XXXX ( this was were the debt occurred ) XXXX  XXXX XXXX ( myself ), debtor balance and the other was XXXX XXXX XXXX from XX/XX/XXXX the original e-filing. 
I then contacted Rausch Sturm LLP on XX/XX/XXXX and requested to be sent the documents that were received by XXXX & XXXX, I was informed that it would be emailed to me on that day, I also informed them that I would be emailing them the documents of the initial settlement with XXXX XXXX XXXX through XXXX XXXX XXXX, and the letter that was sent to me from XXXX XXXX XXXX showing what I had paid and what the balance was, this was emailed to them on XX/XX/XXXX. 

I then received a letter on XX/XX/XXXX from Rausch Sturm LLP confirming my issues regarding the balance dispute and requesting additional information. 
I reached out on XX/XX/XXXX and spoke to an individual at Rausch Sturm LLP in the morning inquiring about the letter that was received and informed him that I had already emailed over the documents on XX/XX/XXXX. I was informed that the document that was sent from XXXX XXXX XXXX was due to a default in the agreement, however there was no default since I was making the monthly payments and again explained that the amount is higher than the ending balance and that I had already sent over all the documents. It then proceeded to explain that the document that I sent over was my ending balance in XX/XX/XXXX of {$570.00}, however I did make a payment of {$25.00} in XXXX which brought it too {$550.00}, which XXXX XXXX XXXX confirmed however would not send the document to me. The gentleman then stated that they could honor the {$570.00}, I requested for the corrected amount to be honored and for them to request the corrected documents from XXXX XXXX XXXX, and I also second request to receive a copy of the documents that sent by XXXX XXXX XXXX, he noted that the documents that I received were from XXXX XXXX XXXX which there were not. He then proceeded to tell me that " it is only {$25.00} difference what is the big deal '', I then requested for the attorney to contact me directly and ended the call. 

I then called Rausch Sturm LLP back in the afternoon and spoke to another individual and reviewed over the information and informed there that I will just eat the {$25.00} that was paid in XX/XX/XXXX and resume payments from the {$570.00}, of {$25.00}. She then had me on hold for XXXX mins, and then informed me that they would need for me to provide 'proof ' that I had paid the {$420.00}. I informed her that I had sent over the document from XXXX XXXX XXXX which also had listed XXXX XXXX XXXX listing that the settlement amount was in the amount of {$1000.00}, amount paid towards settlement {$420.00}, balance remaining on settlement {$570.00} as of XX/XX/XXXX. She insisted that I still needed to provided other proof that I had paid that amount. I informed her that the only other proof would be my banking statements, and that I would not be providing that personal information to her. At this time the line disconnected. 

I am making formal complaints on both of the companies that I have listed in this complaint. I am not contesting paying, I was simply requesting the documents that were sent to Rausch Sturm LLP from XXXX XXXX XXXX, and the ending balance document from XXXX XXXX XXXX, and to be charged correctly, none of this has been followed through.

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