Consumer complaint received 2017-01-04
Company: Smith Debnam Narron Drake Saintsing & Myers LLP
State: FL
Product: Debt collection
Sub-product: Auto
Issue: False statements or representation
Sub-issue: Indicated shouldn't respond to lawsuit

Complaint:
I was XXXX XX/XX/XXXX and I received an email XX/XX/XXXX that my Clearance was being Adjudicated, on XX/XX/XXXX a list of the accounts was provided from my POC and I then learned one of the accounts involving a XXXX XXXX Account that had been reported as Charged Off by the Credit Reporting Agency. I was sent a picture of a Collection letter that was sent to my children 's home in XXXX NC, I called the Law Office on XX/XX/XXXX and explained that I was currently XXXX and had disputed the account with XXXX XXXX because I had requested that the account be adjusted for charges and fees paid in violation of the SCRA over the 5 year period I had been XXXX. I had been XXXX a few times during that time and had know idea that the account had be charged off or placed into collections, I also stated that I was very willing to pay the account in full, once the charges were adjusted according to the SCRA 6 % Limitations, and that last thing I wanted was for this to become a court case. She told me that the case was placed with the firms office, and they had n't contacted anyone about the account and as long as I was willing to work with them to get it paid, it would n't be filed in a court action. I had been calling the law firm office and was still waiting to hear back about the adjustments, but it was the XXXX holiday and I had n't been able to reach anyone for almost 3 weeks when a Default Judgement was mailed to the North Carolina address XX/XX/XXXX. I was never told that a Complaint was filed and the only thing in the mail was a Motion for a Default Judgement without a hearing, there was n't a Complaint Filed that I can see and I did n't want to call the collection agency back after I realized that they had just been stalling me about the adjustments to the account. The judgement has been placed on my credit report by the Court, I thought that they had been notified about my XXXX and that I did n't reside in North Carolina, but a Clerk of Court through the documents filed with the Court on XX/XX/XXXX away. I do n't think contacting the Court myself will help, and even a Attorney would be seen as my representative, and could give the Court jurisdiction. I ca n't afford a Attorney and I do n't trust the law firm who deceived me last year, so I 'm hoping contacting them through the CFPB will make sure I 'm not blocked by a Clerk and a Judge can Vacate the Judgement or Dismiss it. I 'm afraid this Attorney will drain my bank account or something else, she has been sending letter to the house in XXXX and threatening my family. I feel like I do n't have any way to stop this attorney from harassing my family except paying them, I do n't see why they did n't just let me pay XXXX XXXX XX/XX/XXXX, is n't that what a Collection Agency does? I will not have any further contact with this firm.

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