BAC Employee & BAC Collection - Question

[highamperage]

I am hoping someone can provide some assistance here...

I have a collection from BAC, and was being bothered by the BAC collector while at work via the internal instant messenger communicator system, so blocked that collector. They then sent the file to "the attorneys" whom turned out to be a collection agency who were not attorneys nor an entity of BAC. I considered the matter (at least with BAC) closed, and expected to be working with that collection agency going forward.

I just recieved a phone call from the original BAC collector, very rude, hostile, and threatening, for one that I had blocked her, stating if I did not pay the full amount withen 30 days, they would garnish it from my wadges - that they would not consider a payment plan.

This is an interesting situtation, but I am wondering:
- Can I send them a cease and desist letter allowing only contact with my at my personal phone/email?
- Can they garnish my wadges without due process since I work for the company, or this yet another lie? (I work for BAC, albiet a different part, perhaps from a legal standpoint as well)

BTW: I live in Texas.

Hope someone can provide some advice!What is the name of your state (only U.S. law)?

 

[Dcipher]

Texas does not allow wage garnishments so that is just not possible but because they are first party collections they are not held to the FDCPA. I would be more concerned about losing my job if I owed my company. What prevents you from paying the bill?

 

[highamperage]

The bill is not that much, but it's that I do not/should not owe it and the amazing disrespect and hostility of the agent kind of pushed me over the edge.

Technically I do owe the bill, but the only reason I do is because of their errors regarding a business account - where incorrect info was given to me via phone on all occasions I called, mail was delivered to a random address I never provided and not noticed upon my inquiry, and finally funds did not appear in the account and they could not determine why for several weeks - after which point my ability to contest their findings had expired and I was automatically liable where I typically would have been covered. Not only this, I incurred overdraft fees throughout the process. The down time and loss of capital destroyed that business. I had to get a job, and guess who were the only people hiring. I really do not feel like paying this bill out of principal.

The overdrafts also went to collections (3rd party) and went from a few hundred to a few thousand dollars with no apparent reason, they violated FDCA on many occasions in their collection methods and were forced to drop it when I confronted them with that, and removed it from my credit.

Since/if they are a 1st party collector in this case (it’s not clear, the agent lies, I know it WAS 3rd party but now perhaps it’s come back), what if any options are available in dealing with them, and the many (11) things they have done that would violate the Texas and Federal Debt Collections Act? Are they bound by any guidelines? I guess technically I could go after them for damages due to the issue above, but it’s in the past and I am not a fan of lawsuits.

 

[Dcipher]

It sounds like they sent it to a 3rd party collection agency and now have brought it back in house. I can only assume that the collection agency had a valid reason to send accounts back because that only happens if their is a legitimate reason.

The FDCPA is not going to help you as 1st party companies are not held to the same standard as a 3rd party collection agency. Personally I "think" that the BAC collector has not researched your account well enough and without a doubt is completely lying about the garnishment. Texas, California, and Colorado are the most "debtor friendly" states - meaning consumers are well protected.

Many people will suggest sending a letter demanding them to not contact you any further but once you have done that it will most likely be sent to an attorney.

I would make a last attempt by mail to give them an opportunity to respond to your disputes regarding your issues and give them a phone number where you can be reached or by mail only. People can say anything they want on the phone but what they put in writing is most important. Explain that this matter is important to you and you would like to resolve it but do not threaten anything. Handle this professionally and demand the same from BAC.

 

[cosine]

I recommend doing this only in writing. A phone call should be reserved for the situation where both parties are clearly intending to negotiate in good faith, but need to communicate back and forth a number of times to reach a mutual agreement. But finality of the agreement must be conveyed in writing. If they ever insist on skipping the written part, then you know "good faith" is no longer on their side.