Consumer complaint received 2017-09-18
Product: Debt collection — Credit card debt
Issue: Took or threatened to take negative or legal action — Sued you without properly notifying you of lawsuit
Company: Messerli & Kramer P.A. (SD)

I have also filed complaint with south Dakota states attorney. 
This in regards to a debt collector that has been threatening to sue me for 6 plus months now, on a old debt they purchased from orgional owner. 
they have been sending me papers looking like court papers, but never furnish court date that I keep requesting. they just keep asking me to call them directly. 
I have responded to them via their email litigation address provided, and told them I would not discuss by phone, only by written ( email ) communication so that there was proof of discussion. 
they refuse to respond back thou they have received emails, they just send me another court looking paper requesting that I only call them. 
the last papers they sent, they called it a interrogatories and request for production, I did respond, again by email, which they received, then heard nothing back for a couple more months. 
now I received from them motion for summary judgement, with a case number, but again, no court date like I keep requesting. 
I contacted my local courthouse, they confirmed the file number, and informed me that I was supposed to actually have sent my previous reply directly to the court. 
I was not aware of this because the collection office told me to send to them. 
so now I 'm finding from court house that I may be to late to file my rebuttal and the collection agency can have judge sign their judgement at any time. 
made worse, is that in their motion for judgement now, they are claiming they have never heard from me, which they have, that they have no proof I ever made any payments to orgional debt, which I have, and they know it, as in previous letters, they have admitted to my payment amounts. 
they refuse to reply to my emails, yet got ahold of my wifes phone number and repeatedly call her number, which she is n't even on the debt, its only in my name. they never leave messages, just keep calling, even with being told I will only discuss by written form, not over the phone. 
the local court house was even surprised the collector has been dragging this out since XX/XX/XXXX. 
The collector orgionally sent me a settlement offer months before, around XX/XX/XXXX/XX/XX/XXXX time frame, of which somehow got tossed, I have repeatedly requested that same settlement offer, but they again refuse, saying only to call them. 
Ive repeatedly requested a payment plan with that orrgional offer, as finances are limited with a child to raise, and a wife who has is undergoing XXXX for a XXXX and can not work, again, ignored. 
ive been trying for over 6 months to work this out with them, and now fear they are going to back door me on a judgement that will cost me not only my credit score, of which is now in good standing because all my current bills are paid on time, but will also cost me ability to provide for my family if the whole amount of money is taken at once. 
I feel by ignoring me all this time in my atrempts to reach a settlement on this old debt, tyet constantly threating to sue me, and by calling my wifes phone many times, they are in fact harassing me. 
I feel as if I 'm in a losing situation now because they did n't tell the truth on who I was actually supposed to send my response back to, which leads them to be able to tell judge I did n't comply, and makes it appear that I 'm not trying, as well as lying to courts about payments I actually did make and that which they acknowledged, will cause a judgement default unfairly. 
I have looked this collector up online, and see this is a common practice for them, and its not fair. 
I do have the emails I sent them as well as attached copies of their papers requesting my response, but cant figure out how to attach to this, as well as I can take screen shots of my wifes caller id to show their name and the dates of them calling her. 
but seems I can only forward by email, as I cant seem to save to a file and attach to this complaint, but if you need them, I can email if provided a email address. 
thank you