ComplaintsforLotane & Associates, P.A.

• Initial Complaint

  05/15/2024

  Complaint Type:

  Delivery Issues

  Status:

  Answered

  More info

  Lotane and Associates P.A. has ordered a judgment against me to garnish my wages and they have not taken the proper channels to do so and I demand they stop. This issue was filed in 2018 for said owed medical bills, but the laws do not allow it. Please read below as they have not filed to domesticate the Florida judgment in ************** where I now live.If the documents you received from ******* are indeed a garnishment order, it's important to understand that this order cannot be directly enforced in **************. As mentioned before, South Carolina law generally prohibits wage garnishment for out-of-state judgments for consumer debts, with a few exceptions. and medical bills are not considered consumer debt.However, receiving a garnishment order from Florida still warrants immediate action:Consult with a South Carolina Attorney: It's crucial to seek legal counsel immediately. An attorney who specializes in debt collection and consumer law can assess your situation and advise you on the best course of action. They can also help you determine if any exceptions to **************'s garnishment laws apply in your case.Don't Panic: While receiving a garnishment order can be stressful, remember that it cannot be directly enforced in ************** without further legal action by the creditor.Don't Ignore the Order: Although it cannot be immediately enforced, ignoring the order is not advisable. It's important to address the situation proactively to protect your rights and interests.Potential Next Steps by the Creditor: If the creditor wishes to pursue garnishment in **************, they would need to file a lawsuit in a South Carolina court to domesticate the Florida judgment. This means they would need to get a South Carolina court to recognize the Florida judgment and make it enforceable in **************.

  Business response

  05/20/2024

  Lotane & Associates received an Order from the court for continuing garnishment for Mr. ********* wages. This is stemming from an unpaid final judgment obtained on 1/28/2019 against ********************.  At the time of the judgment ******************** was a resident of ******* and his employer *************************************** is registered to do business in the state of *******. In consideration of ******************* now being domiciled in ************** our firm is filing a Notice of Dissolution of Garnishment with the court and a copy of that Notice will be sent to Mr. ********* employer. This will end all garnishment activities at this time.  However, the judgment is still valid and we will be continue to explore collection activities to settle this debt. We are open to discussing payment options to resolve this debt with ********************. 

  Customer response

  05/21/2024

   
  Complaint: 21713863
  
  I am rejecting this response because: Your law firm should have known the procedural law, as you mailed me the original letter to my South Carolina address. If you are continuing to pursue this claim/judgment, then I am forced to act and bring my nephew on board who is a lawyer and and file a counter claim against your firm for not following the procedure that as a law firm of your magnitude should have known/followed. This is not considered consumer debt, and times are tough on everyone including myself. I have relocated to ************** because hurricane *** destroyed everything I owned. So, in this dog eat dog world that you wish to play by I will also enter the game and play back.
  
  Sincerely,
  
  *******************************

  Business response

  05/29/2024

  Good Day, 

  Please refer your legal counsel to ours. Your counsel may contact Attorney *********************** at ************. Please have counsel reference your file # when contacting our law firm. 

  Customer response

  05/31/2024

   
  Complaint: 21713863
  
  I am rejecting this response because:

  Will do, but first I'll wait to see if you file anything here in **************. And then I will contest it, and go before the judge, and let them know how your law firm tried to side step the legal process to garnish the wages from someone who like most, is just getting by. On a debt that is not even a consumer debt. It's medical!!! I needed medical assistance, so, ya know, I didn't die. Not that you care. 

  
  Sincerely,
  
  *******************************

  Customer response

  06/10/2024

  Of course you side with the business. But I did send the last response and I have it all documented. The business did not provide a satisfactory resolution to this, but I am sure the BBB falls right in line with big business and not really concerned with the consumer. The American way... It's all good as all of this will be presented to my attorney.  

  Customer response

  06/13/2024

  
  Of course you side with the business. But I did send the last response and I have it all documented. The business did not provide a satisfactory resolution to this, but I am sure the BBB falls right in line with big business and not really concerned with the consumer. The American way... It's all good as all of this will be presented to my attorney.  

  Business response

  06/13/2024

  Since the Defendant has hired counsel, we will need to speak with counsel on his claim unless he communicates directly with our firm. Please refer your attorney to ours. Your counsel may contact Attorney *********************** at ************. Please have counsel reference your file # when contacting our law firm. Our intention is always to resolve matters, however social media or public areas is not the avenue in which to accomplish this. 
  
  
  

  Customer response

  06/13/2024

  As I stated on 06/10 "Will do, but first I'll wait to see if you file anything here in **************. And then I will contest it, and go before the judge, and let them know how your law firm tried to side step the legal process to garnish the wages from someone who like most, is just getting by. On a debt that is not even a consumer debt. It's medical!!! I needed medical assistance, so, ya know, I didn't die. Not that you care. " I have not hired anyone yet. I have a family member who is a lawyer who is on standby if I need them. If that is how you wish to proceed then I will let them know. Do not make up stuff that I clearly have not said. Nice try though A for effort. All of these messages are documented here as well as downloaded in another safe place. If you do respond please do so remembering I am not some easy to fool imbecile. 

• Initial Complaint

  01/02/2024

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Answered

  More info

  I faced a financial crisis in May, but I kept up with all my payments and had an open communication on November 30, 2023, with this company. During the discussion, I was informed that I would receive documents to fill out in order to lower my payment. However, I missed my payment on December 15th, and despite expecting documents, I never received any correspondence from the company. Today, on 1/2/2024, when I called to make a payment for the missed months, I was shocked to learn that they had sent documentation to *********** on Dec 8, 2023, to have my license suspendedthis was prior to my actual payment due date. The representative I spoke to was very disrespectful, insisting that if I paid my bill, my license wouldn't be suspended. I was literally homeless in the month of December. I got involved with this company due to an accident at 19, and suspending my license now puts my new job at risk, but no one here seems to care. They would not even take a payment insisting I have to wait until my license is suspended to make a payment.

  Business response

  01/04/2024

  This response is in regards to the Complaint filed by ******************************  ****************** alleges improper actions taken by the Respondents law firm (LA) in furtherance of our collection efforts on an insurance subrogation debt owed to LAs client (auto insurance carrier) by ******************* A recap of the basic timeline of events is as follows:  ****************** was the responsible party in an automobile accident which resulted in bodily injury to our clients insured.  Following unresponsive contact from our client, LA was hired to recover the amount paid by our client for damages to their insured.  We attempted both written and telephone contact to recover the amount due without resolution,which resulted in an insurance subrogation lawsuit filed against ****************** on 11/14/2012 in Lee County, *******.  At that time, ****************** had not made any payments. Thereafter, ****************** entered into a stipulated settlement agreement with our client which was filed with the Court on 8/29/13.  ****************** agreed to make monthly payments to our client until the agreed-upon amount was paid in full, per the terms of the agreement.  On 7/18/19, LA filed a Motion for Entry of Final Judgment Based on Default in Stipulation with the Court for Mr. ******** failure to comply with the terms of the agreement.  The Court entered a Final Judgment against ****************** on 7/24/19.  ****************** made monthly payments following entry of the Final Judgment beginning on 3/10/20 and continuing until 8/24/23.  ****************** did not make a payment in September, made two more payments on 10/13/23 and 11/2/23, but did not make a payment in December 2023.  Our records show that ****************** has made payments totaling $4,700.00 to date.  During the entire duration, we have had this file in our office, and we offered courtesy payments instead of requiring the full balance to be paid.
  
  We have a team of employees available to answer questions and offer solutions to consumers,like *******************  We also offer courtesy payment plans if the full amount due is not available over the phone, through Chat on our website, or through email.
  
  After Mr. ******** failure to make payments due in September and December of 2023,we filed a request to revoke Mr. ******** ******* ******* License due to non-payment, as authorized by ******* law.  He contacted ** on 1/2/24 to discuss the suspension of his ******* License.  We did our best to offer assistance to ****************** over the phone.  For example, on 11/30/23, ****************** called in to inform us that he was not employed at the time and was unable to make the $100 monthly payment.  We offered to send him a financial affidavit to fill-out and return to us so that we could evaluate and discuss the possibility of reducing his post-judgment monthly payment amount from $100 to something less. On 12/1/13, we emailed a financial affidavit to ****************** as previously discussed.  On 1/2/24, ***************** said he never received the financial affidavit and claims he relocated to Georgia.  At this time, we do not have confirmation of a Georgia address for ******************, as the address information provided by him in his Complaint shows a ******* address.
  
  During the phone call on 1/2/24, we informed ****************** that we would require payment in the amount of $349 to get him back on schedule with our office and to have his drivers license reinstated.  Upon receipt of the $349 from ******************, our office will generate the ******* License reinstatement paperwork for ****************** to submit to the ********** of ***** Vehicles.  Our office continues to be available for questions or solutions, but completing the reinstatement of Mr.******** ******* License is ultimately his responsibility. Accordingly, we consider the matter resolved and closed.

  Drafted by Attorney ***************************

  Business response

  01/04/2024

  This is a copy of the Final Judgment. 

  Customer response

  01/04/2024

   
  Complaint: 21086448
  
  I am rejecting this response because: I was never informed that I needed to pay anything. You all refused payment telling me to wait until my license was suspended. I requested to speak to a manager and I was told I would get a call in 48 hours no one ever called me. Why take a payment from me in October and November but never mentioned anything about September being past due. This is unethical business practice and I will be filing a claim with the attorney generals. I have yet to receive the email they claimed they sent out. 

  
  Sincerely,
  
  *****************************

  Business response

  01/11/2024

  This is a copy of the Final Judgment. 

  Business response

  01/17/2024

  Driver's License revocation occurred 12/12/2019 for non-payment following a Judgment. ******'s License reinstatement was initiated on 3/11/2020 following a phone call at which time the process was reviewed and instructions provided about courtesy payment plans. As long as Defendants remain actively paying and in contact, we will not request for Driver's License revocation. Although there were payments, they were not made monthly as agreed to terms, therefore we submitted a request to have the Driver's License revoked due to lack of payment. We emailed to email address provided: ************************** a copy of the financial affidavit to complete on 12/1/2023, as requested. This would have allowed us to review circumstances and discuss options with our client, as applicable. We did not receive an email from the Defendnat, the documents or a phonr call following. We also emailed on 1/4/2024 to the same email address, although there is a claim the Defendant is not in receipt. We recommend checking spam folders or contacting us to discuss in the future to prevent further actions if unable to meet payment plan or agreement terms. As of 1/10/2024, we received notification of the Driver's License being suspended from FL Highway of Safety and Motor Vehicles, as this process takes time once a request is submitted. As of 1/16/2024, the Defendant made a payment to initate reinstatement. Going forward, once reinstated, as long as payments are made as agreed or the balance is paid in full. we will not initiate revocation. If you have further questions, contact our Collections team. 

• Initial Complaint

  01/12/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I have not had any interaction past asking them to stop calling me, so far I get calls almost daily from them, the answer I get when answering the insessent calls I get greeted by a robot asking for someone who isn't me, I haven't been able to get them to stop, they are filling my voicemail inbox with requests for someone else and it's been getting tiring.

  Business response

  01/17/2023

  Good Morning, 

  We immediately investigated the phone number in our system and assignment of the cell phone number which associated to a name other than the complainant. We appreciate this notification and have removed the re-assigned cell phone number from our system to prevent future calls. This phone number has been blocked and future calls will not occur. Thank you for the notification, we have resolved your concern. If you would like to discuss further, you may contact Lotane & Associates and speak to our Director of Operations. Our contact number is ************. 

  Thank you

• Initial Complaint

  07/01/2022

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  I have paid my bill. They are rude. Attached is what I paid and the bill I got in the mail. He wouldn't take a dollar from me. They wanted 65 dollar a month and told me they took it to court and there is nothing in the court systems so that being said they threaten you lie and take 241 dollars of free court money for their company. Who else are they doing this to? This was injury and they took 241 dollars by the threats or lie by mail and on the phone. I got declined by my credit card because I'm a victim of identity theft my credit is frozen and they don't care. Charged my card twice and laughed that it was declined and said I needed to call tommorrow. Then repeat information that stresses me out mentally when I wanted to pay that day so I can sleep at night. I paid my bill that night on line and was so upset because I can pay my bill if I receive the bill. This is so wrong how the hospital and this collection company has treated me. Who else are they doing this to. I know people who owe thousands and thousands and this hasn't happened to them. Unbelievable. I'm not impressed with this business and by the reviews I think something need to be done to make this better for people in my situation. Please help me if you can. Thank you.

  Business response

  08/08/2022

  Business Response /* (1000, 5, 2022/07/07) */ Contact Name and Title: Julie T*******, Director Contact Phone: 3216364861 Contact Email: [email protected] In response to the BBB complaint filed by************** regarding internal file *******, we have reviewed the file extensively and found it has been paid in full as of 6/23/22. The timeline is as follows. The file was referred to our Law Firm, Lotane & Associates, PA on 4/19/22 to attempt collection of the unpaid medical bill for services provided to Ms.******** on 7/28/21. The medical facility attempted to collect the unpaid balance, followed by our client, Professional Account Services, Inc. who then referred the file to LA to litigate if we were unsuccessful at collecting the balance. We generated a validation notice on 4/21/22 and sent to Ms.******** to the address provided to the medical facility and referred by our client. We did not receive any contact from Ms.******** and reviewed to file a lawsuit against her for the unpaid balance on 5/31/22. The lawsuit was reviewed and approved for e-filing by our attorney and e-filed with the Clerk of Courts on 6/6/22, case #********** in Charlotte County. This allowed ample time to contact us to resolve prior to litigation and additional court fees. The cost of e-filing with the Clerk of Courts was $191.48 including the $10 Summons fee, plus the Process Service fee of $50 paid to ABC Legal on 6/7/22. These amounts were paid by our law firm directly to the Clerk of Courts and Process Service (receipts available). The total balance initially referred to LA was $888, with the $191.48 and $50, this equals $1,129.48. The Clerk of Court set the Small Claims Pre-Trial for 7/20/22. The Process Server attempted to serve Ms.******** on 6/18/22 at 2:21pm and there was no answer at the door. We generated a letter offering an attempt to resolve or engage in a payment plan and sent to Ms.******** on 6/17/22. The Process Server continued to attempt service on 6/22/22 at 12:05pm with no answer at the address. Ms.******** contacted our Collections Department on 6/23/22 at 5:10pm, spoke to our agent to setup a Settlement with payment the same day. After payment information was provided by Ms.********, it declined by the payment carrier. Following, the payments were processed individually; total amount paid by Ms.******** on 6/23/22 in two payments ($893 and $236.48). We then contacted the Process Server on 6/27/22 at 10:33am to cancel Process Service attempts and the case is resolved. This prevented additional fees to Ms.******** and our client. We also drafted and filed a Voluntary Dismissal on 6/30/22 which will close the court case. As of today, 7/7/22, we have received payment in full. In response to the request to correct Ms.********'s credit report, LA has not filed any credit reporting. We closed her file previous to this report. If she has further questions, we welcome a phone call to our recovery department.

• Initial Complaint

  02/18/2022

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  *Paying off my sons medical debt 1. Schedule a 200.00 payment to come out of Checking account on the 17th of every month 2. January 19th, 2022, 200.00 was taken out of my account 3. January 20th, 2022, another 200.00 was taken out of my account 4. Called Lotane & Associates to resolve the problem and for three weeks, unable to get the 200.00 reimbursed back to my account. 5. Called this morning to have them tell me that this matter has been expedited to managers but did not want to give me a false since of expectation on when it will be returned to me. This should have already been resolved!!

  Business response

  03/16/2022

  Business Response /* (1000, 5, 2022/02/21) */ We received a complaint from Ms. ******* and contacted her immediately at the phone # provided to investigate what happened. After receiving information to access the file and was informed this is a medical collections file for her son, *****************, I was able to access and determine it was for file ******* Following a systemic billing system change in November 2021, Ms. ******* setup recurring payments of $200 a month to be paid automatically on the 17th of each month. There were two charges of $200 processed on 1/17/2022 which debited from Ms. *******'s bank account on 1/18 and 1/19. Ms. ******* contacted us to notify of two withdrawals on 1/24/2022. A new employee spoke to Ms. ******* and escalated to her Collection's Supervisor to determine how to resolve. The Collection's Supervisor stated once we validate with the bank the charges were cleared, we would be able to process a refund. At the time, the same employee contacted Ms. ******* on 1/25/2022 at 9:04am. While waiting for the funds to clear, Ms. ******* called back on 1/31/2022 at 1:20pm and spoke with a Collector who informed she would escalated and Accounting was handling the refund. An employee exited the business unexpectedly in Accounting and the refund was processed later than usual, resulting in the check being processed on 2/18/2022. The check was sent to *****************, as he is the Defendant on file. Ms. ******* called on 2/18/2022 at 8:57am to inquire on the status and stating being informed we cannot provide a specific date. We, as a leadership team are listening to the calls, ensuring we coach any areas of opportunity. We will use this as an example of proper call handling and have ensured we coached all areas involved in this. We cut a check for $200 on 2/18/2022 and mailed to ***************** at ******************************************* to refund for the additional payment and truly apologize for the additional time to process and Ms. *******'s experience with our firm. I spoke to Ms. ******* as soon as the complaint was filed and offered my contact information if needed further. She was very understanding and feels the situation is now resolved. She will contact her son to gain the funds since they were sent to the name on file recorded. Please contact me, should there be any further questions.

• Initial Complaint

  01/10/2022

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  My license have been suspended. I was setup for automatic payments for over a year due to the company's modification of their payment system. I needed to redo my Auto Pay. Company did not send a notice but waited until I called to inform me of this. I explained that my cards were not with me and that I would have to call back on 12/24/2021 to make the payment and also setup Auto Pay. The Agent confirmed they were closed on the day I was supposed to make the payment. I attempted to call after that day and also go online and make a payment and was unable to do so. Company claimed they called 2 times in which I have no record of missed calls from the company's phone number. They sent out a letter to suspend my license because they couldn't reach me. However there were 2 Holidays during this time. Now they are charging me $500 to reinstate my license when it's not an error on my behalf because they have updated their payment system. I keep getting charged crazy fees and this company has sent me the incorrect information twice and have tried to charge me on both occasions for an error they made with the Letter that they're charging for.

  Business response

  01/31/2022

  Business Response /* (1000, 5, 2022/01/12) */ Contact Name and Title: Julie ********, Director Contact Phone: XXXXXXXXXX Contact Email: *****@******.com This is in response to the complaint filed by Ebony ******. Payments were set for recurring on her courtesy payment plan setup since 10/15/2020 for $75 a month. Ms. ****** called us at 10:51am on 12/13/2021 to request an extension on her existing payment plan and was unable to pay on 12/15/2021. Extensions are not usually granted, however as a goodwill gesture, the Collection Specialist granted additional time with her new due date of 12/24/2021. Ms. ****** did not have her payment method when she contacted us, so she stated she would call back to provide her payment method. We clearly communicated, there isn't a grace period and the payment was due on 12/24/2021. We did not receive a phone call and payment was not made as committed on 12/24/2021, therefore we called as a courtesy to determine what happened on 12/28/2021 at 9:56am and we were unable to leave a voicemail. An additional call was made on 12/30/2021 at 8:12am and were unable to leave a voicemail. Since no contact was made by Ms. ****** to resolve and we were unable to connect with her, her payment plan was in default. She could have accessed our online system 24 hours, 7 days a week through ******.com and clicked "Make a payment", or called our Collection phone number and made a payment through our IVR (Interactive Voice Response) system 24-7, or sent a payment in the mail to avoid further legal action on her file. She had from 12/13/2021 - 12/24/2021 to make a payment (originally due on 12/15/2021) or sent an email through our website to make contact. We gave additional time due to the holidays and submitted a request for revocation of her Driver's License on 1/7/2022. It wasn't until 1/10/2022 at 5:25pm that Ms. ****** called us after receiving notification via US Mail of our request to the DMV for Driver's License revocation to resolve the outstanding balance. Ms. ****** notified the Collection Specialist she attempted to call on Christmas, 12/25/2021, however our office was closed. Although we did change vendors in November 2021, Ms. ******' payment would have went through as scheduled on 12/15/2021, had she not canceled this payment when requesting an extension until 12/24/2021. Several options were provided to Ms. ****** to reinstate her Driver's License with the DMV, such as a down payment and setup up another payment plan. After she escalated the phone call, as a goodwill gesture, our Collection Supervisor offered a lower down payment and to setup a new payment plan on 1/10/2022. Our Collection Supervisor called on 1/11/2022 at 9:54am and the phone call was unanswered with no ability to leave a voicemail. On 1/11/2022 at 4:50pm, our Collection Specialist called Ms. ****** and explained the discounted down payment and willingness to resolve as a courtesy. Ms. ****** did not resolve, pay or setup a payment plan. Ms. ****** is responsible for paying her monthly payment plans and we are not required to contact her prior to taking further action, however we attempted on several occasions without success. We are willing to resolve and have made numerous courtesy attempts to call and resolve without success.

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