Consumer complaint received 2016-09-15
Company: Linebarger Goggan Blair & Sampson LLP
State: TX
Product: Debt collection
Sub-product: Other (i.e. phone, health club, etc.)
Issue: Taking/threatening an illegal action
Sub-issue: Threatened arrest/jail if do not pay

Complaint:
This is a copy of the letter I sent to the agency in question XX/XX/XXXX o whom it may concern, My name is XXXX XXXX, and I am hereby registering a formal complaint against employees of the firm Linebarger, Goggan, Blair and Scoggins. 

XXXX XXXX, a paralegal, and a XXXX XXXX, Texas Bar number XXXX. 

On XXXX XXXX, I had a conversation with XXXX XXXX about XXXX that I initiated. I have some unpaid tolls that I need to address. I called last week and left a message, and was following up on it. In my discussion with XXXX XXXX, she was rude, unprofessional, and threatening. Informing me that if I used the tollway for any reason i would be arrested for trespassing and that i was committing a crime every time i got on the tollway. When I told her I was calling to just get something worked out, she told me my balance was some XXXX dollars. I did n't agree with this balance, and told her that i had worked out a settlement with them in XX/XX/XXXX. She pulled the record 's and told me that I did n't finish the agreement. When I asked what can be worked out, she stayed she could take a credit card for the balance. I stated I could not do that, and wanted to make arrangements, and a possible settlement. She stated she could do around XXXX. I informed her i could make some monthly payments, and she reminded me again that i had been committing a class c misdemeanor every time i drove- whether it was on the tollway, or not. When i asked to speak to her supervisor, I was told that she was not available. She insisted that she would have to call me back. The experience worth XXXX XXXX was horrible. All I want to do is try and get this worked out. 

XXXX XXXX called me back and left a message on my voice mail, and I returned her call. The experience with with the attorney was even more horrid than the previous call. When I called back, XXXX XXXX answered the call, I asked for the attorney, and she answered on speaker phone. I asked if we could have a private conversation, and she refused, stating that XXXX XXXX was her paralegal, and anything I had to say could be said in front of her. Since I wanted to file a complaint against XXXX XXXX, I did n't feel comfortable speaking on a speaker phone. I again requested that we have a private conversation, and the attorney refused. She was also very rude and unprofessional. She refused to take me of speaker phone. When I then asked for her supervisor, she informed me that his name was XXXX XXXX and that he was not in either. She stated she would email him a message and the call ended. 
I then received a rude, abrasive voice mail from her stating that XXXX XXXX would be out of the office until Thursday and '' that is all '' in a rude condescending tone. 

I recognize that I have some violations and I initiated contact to try and attempt to resolve these issues. Treating me like some third class citizen, and is actively committing crime is a disgraceful way to address this. 


Also, according to their website, they are governed by the FDCPA, and at no time during any of my conversations, did they advise me of my Mini Miranda rights, or that they were communicating from a debt collector. They have also threatened criminal prosecution, and arrest, which are also violations. 


They have, therefore, violated my consumer rights and are subject to serious penalties. 

I really would like to try and resolve this amicably if possible. I will request however that I deal with another attorney in their firm who can hold a conversation with class and dignity, and stay within the confines of the law.

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