Consumer complaint received 2022-02-17
Company: Gurstel Law Firm, P.C.
State: AZ
Product: Debt collection
Sub-product: Credit card debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
Garnishment of Wages - XXXX XXXX XXXX 
XXXX XXXX XXXX XXXXGurstel Law Firm Gurstel Law Firm uses deceptive practices that are unfair and abusive. The account they are trying to collect on has already been settled with debt consolidation. This was verified with my only account number per phone conversation with XXXX XXXX on XX/XX/XXXX @ XXXX. 

My XXXX XXXX Account was closed XX/XX/XXXX and the last payment received. ( 3 year statute of limitations ) Documents filed are beginning on XX/XX/XXXX per court history. Based on my last activity credit card debt is not collectible. Failure to disclose the initial written communication. 

WRIT OF GARNISHMENT is 25 % of my wages due to default. Default entered XX/XX/XXXX, XX/XX/XXXX. Judgment Issued/Ordered XX/XX/XXXX. This was reduced to 15 % at a hearing on XX/XX/XXXX. 

I was never served nor received any documents. On the NOTICE TO JUDGMENT DEBTOR it is falsely stated that it is my second notice. I learned of this legal proceeding via email from my employer on XX/XX/XXXX with the WRIT attached. The amount of {$9200.00} the principal sum and the {$200.00} accrued costs through the date of Judgment. Total on WRIT of GARNISHMENT XXXX. 

I called the Creditors Phone Number ( Gurstel Law Firm ) on XX/XX/XXXX and XX/XX/XXXX leaving voicemails with no responses until after I filed a MOTION TO VACATE. They received it via certified mail on XX/XX/XXXX @ XXXX XXXX per tracking # at the front desk. 

Misleading representation after speaking with collection personnel, XXXX, at Gurstel Law Firm. She called me XX/XX/XXXX @ XXXX and was unable to verify if it was a mistaken identity based on the incorrect information ( name and address ) and no account numbers. 

An attorney called back at XXXX XXXX on XX/XX/XXXX and she verified it was the XXXX XXXX account that I closed on XX/XX/XXXX, and the last payment was made. She told me I was served at an apartment I lived in almost 3 years ago. There are false representations that documents were legally processed. It was verified by the apartment complex that I lived there at the time even though my name had been changed and the court documents were taped to the apartment door by an officer of the court. This is a gated community requiring a fob for entry. It would be trespassing and an invasion of my privacy. If the apartment complex released my personal information it would make them liable. Im not sure how they would know my previous name. It was an illegal and an unethical communication tactic. My debt was publicly displayed and I did not receive it. I filed a MOTION TO VACATE and she denied receiving it even though I had tracked the documents. Per the certified mail tracking # Gurstel received it on XX/XX/XXXX. I received the green return card signed on XX/XX/XXXX falsified date of receipt. 

The unfair practice of assigning a principal sum ( {$9200.00} ) and accrued costs ( {$200.00} ) through the date of judgment on the WRIT without any validation of debt and the creditor that is listed offers XXXX credit cards invitation only. I can assure you I do not qualify nor have I ever received an invitation. I located an old file for identity theft that had my credit reports. I was able to use that account number for the only XXXX XXXX XXXX that I have had. The amount of the debt was not retrievable due to the age of the account. 

The Plantiff defaulted on the time allocated to respond to the Motion to Vacate on XX/XX/XXXX. Per a phone conversation with the XXXX XXXX clerk nothing had been received and the Judge will be making a Ruling. I have almost {$1000.00} in wages at the XXXX XXXX XXXX XXXX, took time off work to file paperwork, had to extend a line of credit to be able to purchase food, and have accrued late fees on outstanding bills. The economic hardship and stress is something I hope no one will ever have to go through.

Company response to consumer: Closed with explanation