Consumer complaint received 2018-06-04
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: Law Office of Michael J. Scott, PC (TX)

XX/XX/XXXX - I tried to use my debit card to make a purchase and my card was declined twice. I immediately went home and checked my bank account online, only to discover both my checking and savings accounts had XXXX balances. I called XXXX XXXX ( bank ) to find out what happened and they informed me that there was a 'hard-hold ' placed on my accounts. They gave me the phone numbers to the debt collector and XXXX legal dept. I tried to call the debt collector but their offices were already closed. This was a Friday so there was nothing I could do until Monday morning. 
XX/XX/XXXX - ( Monday ) Called debt collector, XXXX XXXX XXXX, XXXX, and talked to XXXX XXXX who was the debt collector assigned to my case. He informed me of the amount I owed for a XXXX Acct that was closed in XXXX and told me I owed {$6400.00}. I was caught off guard because I did not know about this acct. He told me I had been sent at least 10-12 notices, however, I have not seen any of them. He demanded that I send him this money and I told him I didn't have that kind of money. He asked me if there was anybody I could get the money from and I told him no. I said I'd have to call him back because I didn't know what I was going to do. After I hung up, I called my parents to ask for their advice. 
XX/XX/XXXX - ( Tuesday ) My mom met me at my home and we called XXXX XXXX back on speaker phone. We asked several questions. How many notices were sent? What addresses were they sent to? Could he provide proof that this is my credit card account and that he sent these notices? His responses were that he sent 10-12 notices over the past few years ; the addresses were all my addresses, however, I never received any of the notices ; and the time for proving this is long past due and that's when he started negotiating a settlement of 85 % of the total, or {$5400.00}. He told us we needed to send the funds immediately and MUST be wired and gave the wiring instructions. He emphasized several times while giving the wiring instructions that the funds MUST be wired asap. My mom told him that it would take some time to get these funds together and asked how much time we have. He never gave a date, but reiterated as soon as possible and again that the funds MUST be wired. He also emailed release forms for me to sign. He sent a Rule 11 Agreement, a letter on his firm letterhead outlining the payment of {$5400.00} that stated I had until XX/XX/XXXX to pay and a Post-Judgment Settlement Agreement that also stated that the payment had to be made by XX/XX/XXXX and that I could pay by personal check. This raised a big red flag because I did not know that there was a judgment against me as I have never been served or cited. XXXX XXXX never mentioned this in our conversation. 
XX/XX/XXXX ( Wednesday ) -My mom and I discussed that there just wasn't enough proof that this account was in fact mine. So we decided that we would gather information on our own since XXXX XXXX was so unwilling to provide us any proof of information. I called Representative XXXX XXXX 's office to ask for help. I spoke with one of the aids who informed me that XXXX XXXX was not my representative, but that XXXX XXXX. He also informed me that this sounded very suspect and told me " do not wire '' any funds to this debt collector. He also gave me the number for Consumer Financial Protection ( CFPB ) and the Federal Trade Commission ( FTC ).  I then called CFPB and talked to XXXX?? ( I believe ) and told her my story and she also thought it sounded very suspect and that I did not have to send funds by wire to pay off a debt. She advised me not to send any funds until I could get legal representation or more proof. She also sent me a complaint packet, but I got access to a computer so I'm filling this out online. 
XX/XX/XXXX ( Thursday ) -I called XXXX XXXX to see if they could get a copy of the judgment against me. They advised me that I would have to go to a branch to get a copy, so I did that. Nine pages of the paperwork were directed to XXXX XXXX to garnish my account and the last page was a copy of the judgment against me. The judgment specifically states that " Defendant, although duly cited to appear and failed to file an answer as required by law. The Court, having considered the pleadings, official records, and evidence on file in this cause, is of the opinion that judgment should be rendered for Plaintiff. '' In my defense, I was never duly cited ; I did not know this judgment against me existed. Again, when XXXX XXXX was asked to furnish proof, he totally disregarded the question. Question, how is one duly cited? Is it by certified mail? Personal courier? 
XX/XX/XXXX ( Monday ) -I got a copy of my credit report and XXXX is not listed as an account that belongs to me, nor is there a judgment against me listed. 
XX/XX/XXXX ( Tuesday ) -I called to Representative XXXX XXXX ' office and they referred me to my State Representative, XXXX XXXX . I called Rep. XXXX 's office and spoke to XXXX XXXX, Director of Constituent Services and Policy Analysis. She asked me to email all judgments I had received from XXXX XXXX and XXXX XXXX, which I did. 
XX/XX/XXXX ( Wednesday ) -XXXX XXXX told me she contacted the county attorney 's office and their recommendations were that I hire an attorney to seek legal opinion. I returned a phone call from XXXX XXXX with XXXX XXXX XXXX. He inquired as to if I had wired the funds yet. I told him no, not yet, because we are still trying to come up with the money ; and according to the paperwork he sent me I have until XX/XX/XXXX and I can write a personal check. He became very irritated and short with me and stated " that's not what we agreed to ''. I told him that we did not agree to any date, only as soon as possible, but again, the paperwork sent to me states in writing that I have until the XXXX and I can send a personal check. He said he was sorry for the miscommunication, but that was not what we agreed to ( over the phone ) and that the funds needed to be sent by tomorrow. I naturally was upset so I called XXXX XXXX legal department again and talked to XXXX to see if there was anything they could do to help me. She then informed me that the hard hold on my funds was released that day. I went to the bank to withdraw my money, not to avoid paying a debt that I owe, but because I don't believe this is my debt. I have received no concrete proof from XXXX XXXX XXXX that this is, in fact, my debt. I only have my credit report and that does not show any XXXX debt or judgment against me. When I got to the bank, the funds had been released to XXXX XXXX 's attorney, XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX. I returned another call to XXXX XXXX and left a message, but have not heard back from him.