Consumer complaint received 2016-12-27
Company: Greenberg & Sada PC
State: CO
Product: Debt collection
Sub-product: Other (i.e. phone, health club, etc.)
Issue: Communication tactics
Sub-issue: Threatened to take legal action

Complaint:
On   XXXX   XXXX   XXXX  , according to the  XXXX  police department I made an illegal turn on the roundabout of  XXXX   XXXX  and  XXXX   XXXX   XXXX . Please note the turn was not an illegal turn -- but due to the icy condition of  the road, my  speed was slow. However, because the other driver has the right of way when I was making my turn it constituted an illegal turn. Again please note I did not turn on a red signal, My  turning lane s ignal was green and I did not see the other driver in addition to the fact that the traveling conditions on the roads were dangerous.   At the time the vehicle I was driving this vehicle my insurance has lapsed due to nonpayment. I was unemployed. I went to court in  XXXX  of  XXXX , Explained to the judge my economical situation upon wish I was allowed to pay all fees and penalties over a  six  month period. I believe my excellent driving record played a role in the judge decision.   Soon afterward I received documentation from a legal firm in  XXXX  OHIO that they are representing  XXXX  for the collection {$18000.00}. I responded to the firm in a letter honestly about my medical situation and the fact that my husband was the only person working and that a reasonable and affordable offer should be considered. I never heard back from them. It was not until I received a letter from a local law firm here in  XXXX  Colorado that I realized that this collection agency/law firm is determined to collect the full amount of {$18.00},  XXXX  from me by serving a summons to appear in court. I responded to the documentation that was filed -- because if I did not respond they would have obtained a default judgment for no response within the time allotted by law. A time for me to appear in court was set by me responding to an email sent from the law office. The court date was set for   XXXX   XXXX   XXXX   at  XXXX  :  XXXX . I went to court only to find out that the judge granted this law firm the right to collect this debt. The shocking tale for me is -- -THEY FILED THIS MOTION ON   XXXX   XXXX   XXXX   Their electronic filing on  XXXX  motion was granted I did not even have any notice of this hearing or notification of motion granted -- they was not enough time for me to received it in the mail. THIS WAS WHAT THEY WERE COUNTING ON, AND THEY KNEW BEFORE HAND HOW THEY WERE GOING TO OBTAINED A JUDGEMENT FOR THIS DEBT.   please consider the following : I take full responsible for the relapsed of my insurance. However I also had several economical hardship I was facing :  1. I  became a full-time graduate student as of   XXXX   XXXX  , because i believe that by furthering my education would increase my marketability to do consulting in the nonprofit industry.   2. My husband has been and continues to be the only income provider since my enrollment from   XXXX   XXXX   until today. I graduated on   XXXX   XXXX   XXXX      3.  Currently seeking full-time employment.   4. in my previous communication to these law firm/debt collection agency I explained my present financial situation to them -- and the fact that my husband is currently the only income provider for the family with  XXXX  son in collage as of  XXXX   XXXX  and the one in college as of   XXXX   XXXX      5.  This unscrupulous law firm used my statement of fact  (  my inability to pay them ) is not an excuse and why their motion was granted.   6. After careful consideration, filing bankruptcy would GREATLY IMPAIRED MY CAREER PATH.   7. The tactical manner in which this judgement was obtained was unethical and unjust and unfair to me as a consumer.   8. No alternative offers were considered and or offered via arbitration or court management due process.   9. The law firm is now acting as a debt collector and would therefore be subjected to the federal laws and guidelines set by this government agency.   10. This collection agency does not have the right to force me into a bankruptcy filing based on present financial conditions.

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