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Complaint Details
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Initial Complaint
02/19/2024
- Complaint Type:
- Billing Issues
- Status:
- Answered
Subject: Complaint Regarding Unfair Debt Collection Practices. I am writing to formally lodge a complaint against Strauss, Factor, *********************************************** for ***************************** *********************** Name] regarding their unfair and unethical practices in attempting to collect a debt from me. My name is ***************************, and I am deeply troubled by the actions of your agency in relation to a debt stemming from a judgment issued over 15 years ago by the KENT COUNTY 3RD DIV DISTRICT COURT, with the case details as follows: Date: 08/28/2008 Amount: $1398 Filing Number: 2008CV3902 I left this school above and joined the Army in 2008. When I was discharged from the service, I was disabled and could not find work. This is how this debt occurred. Now, 15 years later, Despite my sincere efforts to settle this debt, I have encountered significant obstacles from your agency. I have offered to pay the full amount of the judgment, which I acknowledge as a legitimate obligation. However, I am appalled by the egregious fees your agency has added, which far exceed the original judgment amount. These excessive fees have been imposed upon me without justification or explanation. As a disabled 100% Army veteran living on a fixed income and raising three children, all of whom are also on disability, I face considerable financial challenges. My only source of income is a disability check, the exorbitant demands of your agency are placing an intolerable burden on me and my family. I wish to emphasize that my inability to pay the debt in full is not due to negligence or unwillingness, but rather to circumstances beyond my control. Following my service in the Army, I struggled to secure employment and fell into homelessness, living in hotels for a prolonged period. It was only recently that I was able to find a stable home for myself and my children, thanks to a VA loan. However, the unresolved debt from Strauss, Factor, *********************************************** *********************** Name] is now preventing me.
Business response
02/23/2024
*************** is not a customer of our office. Our office represents *********************************** and has a valid judgment against him.
Our Firm has not violated any law and our firm did not make any false statements or representations to ****************. On August 28, 2008, *********************************** (****) obtained a valid judgment after a hearing on a Motion for Entry Judgment. See attached Judgment. The Judgment was for $1,398.23 plus interest and costs. The statutory post- judgment interest rate is 12% per year under RI Gen **** 9-21-10. See attached statute. Because **************** became active duty in the military, the statutory interest rate was reduced to 6% pursuant to Servicemembers Civil Relief Act 50 U.S.C. 3937 (a)(1). That rate is still being charged.
*************** called the Firm on February 14, 2024, and stated he could pay $1,300.00 to settle. My client, ****, instructed the firm to reject that offer and make a counter the offer at $2,500.00. The firm communicated the counteroffer on February 16, 2024, and **************** expressed concern about paying that settlement. The staff person informed **************** to complete an asset and income financial questionnaire and we would review with the client to see if the client would reconsider the offer of $1,300.00.
Instead of completing the questionnaire, **************** filed the **** complaint against the firm. In those documents, **************** provided financial details including a copy of his bank account showing the deposit of a disability check as income and his expenses which exceeded the check for that month. With that information, my client has agreed to accept Mr. ******* offer of $1,300.00 to settle in full.
On February 19, 2024, I emailed ****************, and informed him that the client would accept $1,300.00 to settle the account in full. See attached email. **************** agreed to pay the $1,300.00 to settle in full. See attached email. Once we receive payment, our firm will file a satisfaction of judgment with the court which will be the necessary paperwork to show the judgment has been paid and released.
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