Consumer complaint received 2024-12-14 00:00:00
Product: Debt collection — Auto debt
Issue: Took or threatened to take negative or legal action — Threatened or suggested your credit would be damaged
Company: Moody, Jones & Ingino, P.A
State: FL

Complaint narrative:
On or around the XXXX or XXXX week in XX/XX/XXXX, I contacted the law offices of Moody , Jones & Ingino , P.A. in an effort to try and resolve the debt I owed related to a prior loan with XXXX XXXX. Moody , Jones & Ingino , P.A. is located at XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX, FL XXXX. Their phone number is XXXX. 

The firm informed me our call was being recorded. I expressed my intention of taking care of this debt and asked if settlement options were available. The representative I spoke with indicated they would settle my debt for {$13000.00}. I asked if she could see if they would consider {$7500.00} instead. The representative said she would check with the attorney and call me back. 

I received a call back the next day and the tone of this representative had completely changed. She informed me that they had done a very thorough research of my case and had discovered that I sold my home in XXXX of this year. She proceeded to lecture me about how I owed this debt and that I had an obligation to pay this and should have done so from the proceeds of the sale of my home. I explained that the property I sold was done through a short sale and that I had not received ANY compensation whatsoever from the sale. I also told her the property was my homestead exempt property where I had lived for 9 years with my young daughter and that at closing, I had completed a homestead affidavit confirming this was our primary residence. I also told the representative that although I still had a head of household exemption from wage garnishment because my daughter is still a dependent, I was still hoping to resolve the debt if possible. The representative informed me I had NOT completed a homestead affidavit ( instead implying I had lied about this ) saying, We know you didnt file one because we would have challenged it in court if you had.. I was very upset by her accusation that I had lied about something very serious and didnt understand why they couldnt have confirmed this on their own and known I was being truthful. I became even more concerned when she told me, Now, we will not only NOT consider a lower amount than {$13000.00}, but the initial offer we made of {$13000.00} is now off the table since you had property proceeds you should have used to pay this debt and you did not pay it. This creditor informed me that as a result of my refusal to pay this debt from the sale of my home and as a result of me lying about having a homestead exempt property ; they would now not settle for any amount less than the original debt of {$20000.00}. This creditor refused to honor a settlement they had offered the previous day and were punishing me because I sold my home ( a homestead exempt property ) and didnt pay them from that sale. The representative continued to threaten me by saying, We will be proceeding with domesticating your final judgment to Georgia and will pursue repayment of this debt there since we know now that you have property there. I do NOT own property in Georgia or anywhere ( again something they know via the public records search she said they did ) and I was very upset that they were now also threatening me with legal action and accusing me of having property they know I dont have. I dont own any real estate since my home was sold in the short sale in XXXX. 

I had an attorney send them a formal letter around XX/XX/XXXX again offering a settlement amount and asking for a copy of the phone recording where these comments and threats were made, but they have refused to provide this recording or honor the previous settlement amount of {$13000.00} they had offered on the prior call. The attorney who wrote this letter was only retained for the purpose of writing that letter. I have not retained an attorney for the abusive and threatening debt collection practices. This creditor is punishing me by clawing back a previous settlement offered. The creditor continues to refuse to provide the phone recording because they know it will prove they violated debt collection practices. The creditor admitted they will no longer offer this settlement because I sold a homestead exempt property. The creditor accused me of lying about having an homestead exempt property and accused me of lying about filing a homestead affidavit. This creditor threatened me with legal action to seize property in Georgia they know I do not have. Please let me know what options I have for holding this creditor accountable for their abusive and threatening practices. 

I am not denying I owe a debt. I was trying to do the right thing by reaching out to this creditor to try and resolve the debt and simply want this creditor to be held accountable for adhering to debt collection practices they well know they are obligated to follow. 

Thank you, XXXX XXXX

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