Debt collection -- Written notification about debt -- Complaint #5900506

Complaint Overview

Complaint ID: 5900506

Company: Gurstel Law Firm, P.C.

Product: Debt collection

Sub-Product: I do not know

Issue: Written notification about debt

Sub-Issue: Didn't receive notice of right to dispute

State: Arizona

ZIP Code: 85204

Date Received: 2022-08-20T12:00:00-05:00

Date Sent to Company: 2022-08-20T12:00:00-05:00

Company Response: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A

Submitted Via: Web

Consumer Narrative

I am writing to file a formal complaint against Gurstel Law Firm PC ( specifically, the Arizona office at XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX, AZ XXXX ) who has been attempting to collect a debt from a XXXX judgment in XXXX XXXX, Iowa, which includes my name but is not me. I was told they purchased and transferred the XXXX judgment to Arizona ( it shows as paid per the Iowa courts online website ) and re-filed it in Arizona. Gurstel Law Firm proceeded to garnish my wages without any notice and without allowing me to dispute the debt. This is NOT my debt and, regardless, it is my understanding that the statute of limitations of more than 10 years bars them from suing in court in an attempt to collect it. I believe all of this is in violation of FDCPA. I was never provided with a Notice of Debt, which under Regulation F ( effective XX/XX/XXXX ), is a requirement under the law, The Notice is required to provide 1 ) the debt collectors name and mailing address, 2 ) the consumers full name and address, 3 ) the name of the original creditor and the account number associated with the debt, 4 ) the name of the creditor to which the debt is currently owed, and 5 ) the amount of the current debt and an itemized list of any payments made with added fees, interest and other charges included. As a side note, there are XXXX XXXX XXXX in Iowa and XXXX in the country ( who may or may not have lived in Iowa at some point ). Further, the AZ judgment includes XXXX XXXX XXXXXXXX in an assumption that there is a spouse involved. I have not been married since XXXX. Again, I did not receive any correspondence in Iowa or Arizona regarding this XXXX debt. My credit report has been run multiple times for various purposes ( applying for credit cards, renting apartments, when required by employers, and most recently, as I am in the process of obtaining a mortgage ), and this debt has NEVER shown up on my credit report. Additionally, I was required to go through a thorough FBI background check to obtain a fingerprint clearance card here in AZ, and this court action/judgment did not show up at all. The tactics that Gurstel Law Firm employed is using are unethical and, I believe, illegal. I was not aware of ANY action against me until I received my paycheck ( from XXXX XXXX XXXX In. ), and I inquired with my HR department to find out what the garnishment was for. They then provided me with the court documents, which I had not previously been provided with. I did receive copies in the mail from my employer on XX/XX/XXXX. As a side note, 25 % of my net income is less than {$400.00}, and the garnishment was for considerably more, which actually ended up being almost XXXX of my net wages. You can imagine my horror and surprise when I received my paycheck. On that same day ( payday ), XX/XX/XXXX, at XXXX, I contacted Gurstel Law Firm and spoke with a representative named XXXX XXXX XXXX XXXX XXXX something like that ), and I explained the situation. He said he would get it in front of an attorney that same day and that I would then receive a packet in the following week which would allow me to dispute the debt. He advised that the garnishment would continue, and when I asked if my money would be returned when it is proven that the debt is not mine, he said he did not know. As of XX/XX/XXXX, I had not received the promised packet, so I again contacted Gurstel Law Firm and spoke to XXXX XXXX ( or something like that ) at XXXX. He advised that they were in the process of putting together the packet, so it had not been mailed yet. I asked if my next paycheck ( on XX/XX/XXXX ) would be garnished while we are in the process of the debt dispute, and he advised in the affirmative. I believe Gurstel Law Firm is using stall tactics to allow them to continue to garnish my wages. The court documents I received from my employer included information regarding how to request a court hearing. I was never informed of this option at any time by Gurstel Law Firm. I am in the process of requesting the hearing, but due to the stall tactics employed by Gurstel Law Firm, I may be late in requesting it and could possibly be denied. Again, I had no opportunity to dispute the debt ( from a XXXX judgment in Iowa ), which is in direct violation of FDCPA/Regulation F ( under 12 CFR Part 1006 ), and I was never notified of any court action until my wages were garnished. This is an attempt by Gurstel Law Firm to collect a debt that is beyond the statute of limitations and that they have not proven is my debt or allowed me to dispute it.

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