Consumer complaint received 2020-05-06
Product: Debt collection — Private student loan debt
Issue: Took or threatened to take negative or legal action — Sued you without properly notifying you of lawsuit
Company: Gurstel Law Firm, P.C. (AZ)

I have some student loan debt that was recovered by Gurstel Law Firm several years ago. I had a large amount of debt and was unable for several years, pay the amount that was being asked of me. Once I was served paperwork by the court, a payment arrangement was set up to avoid having a default judgement entered against me and my grandmother ( cosigner ). These payments started XX/XX/XXXX. The first few months of payments were smaller amounts but eventually, I settled into paying {$320.00} per month for 3 separate accounts ( for a total of {$970.00} ). This arrangement was to last until the total amount was paid in full and to be taken out automatically. Up until XX/XX/XXXX, not a single payment had been missed and I had put a significant dent in the balance owed. When reviewing tax information XX/XX/XXXX, I realized that only 2 of the payments ( {$650.00} ) were being withdrawn. I called immediately letting them know that I just noticed it and asked for the reason the payment stopped since other two continued. I spoke to a collection representative named XXXX who told me that there was negative action taken against me. He asked if I could make a payment ( which I did ) and he would check to see if the arrangement could be set back up. XXXX called me back and said the " attorney '' said that we could resume the payments. In XX/XX/XXXX, two payments of {$320.00} were made so that I could continue to the arrangement. XXXX assure me that there was nothing negative against my account telling me that everything was " all good. '' Come to find out, XX/XX/XXXX when my grandmother tried to borrow against her mortgage for some repairs to her older home, there's a lien against her property for the full remaining balance of {$22000.00} or so. When I called an asked, I was told by XXXX that a lien was filed because " I didn't make a payment '' for several months. I explained the situation to XXXX and he agreed that this was a tricky situation and asked that I speak to an attorney. XXXX could not tell me why the payment was stopped but says that it must have been some sort of clerical error. Several voicemails were left until finally XXXX ( attorney ) calls me back. The attorney tells me nothing different that what XXXX said. Doesn't say that the payments were stopped due to my error but doesn't own up to anything. Just keeps repeating to me a payment wasn't received so they sent a letter and filed the judgement. Says the only way the lien can be removed is to pay the full balance which at that time was being quoted as {$22000.00}. She claims that there was no lien on my grandmother 's house because the lien was field against me. Because I am not on her title, their should be no lien on her house. I sent the attorney proof of the lien to her email. Today, XXXX called me asking if I still wanted to keep my payment arrangements because the lender was going to pay within a month the {$3500.00} something dollars that the lien was placed for. I question him about why the lien is still showing and why the amount keeps changing. XXXX, much like the attorney, continue to not know what the other has said. No one in the company knows what's going on. No one can tell me why the payments were stopped. They keep saying there's no lien on her house but asking for payment to remove the lien on her home.