txtraveler357 Posted April 3, 2005 Report Share Posted April 3, 2005 I need your help. As stated above, I am a bank manager whose credit score is sub-400. While I am trying to figure out how to improve this score, a collection agency has sent me a letter of " notice of intent to sue" and has repeatedly threatened to report my credit situation to my company. My question is twofold:1. Can this company serve me at work for a credit card debt?2. Is this company allowed to disclose my financial situation to my current employer?While I think I can slowly but surely start to improve the credit, I cant lose my job over bad debt, and them showing up with a summons could do that. Please, someone let me know what is legally allowable for a collection agency to do in this situation. Thanks. Link to comment Share on other sites More sharing options...
Xanathos Posted April 3, 2005 Report Share Posted April 3, 2005 Wow, how'd you get your position without a credit check? That's pretty out there.Anyhow, as to your questions:1) No, the CA can't serve you at work....they can't serve you anywhere. However, the PROCESS SERVING COMPANY that would be hired to serve you papers can serve you anywhere and everywhere they find you--at home, at work, in a nice restaurant, while you're waiting at a traffic light...2) The CA *could* disclose your financial status/information to the bank....but then they'd end up paying you for violating so many laws it'd take an army of lawyers to sort it out....so I wouldn't count on it.Course then again, unless this debt is substantial, I wouldn't count on being sued, either... Link to comment Share on other sites More sharing options...
Sultan Posted April 3, 2005 Report Share Posted April 3, 2005 Wow, how'd you get your position without a credit check? That's pretty out there.... True That.I'd send the fawks this, but then I’m feeling like part of an arsenal at this point and time, might not be the best move for some one else. The cease and desist may leave them no other option but to file suit.Notice to Cease Communications Dear Debt Collector: This is to advise you that pursuant to the federal Fair Debt Collection Practices Act, you are hereby notified to immediately cease communications to me with regard to all matters concerning the collection of a debt alleged to be owed to your company or your principal, the original creditor stated above. This notice shall include, but is not limited to written correspondence, as well as telephonic communication.Please also be advised that you may not contact me at my place of employment because my employer prohibits me from receiving such communications.I have been advised to keep a log of any contacts after your receive this. Please be advised that each communication received by me after you receive this notice could cost you up to $1000 plus actual damages and counsel fees. You may contact me to tell me that you are ceasing communications, once. Please be advised that if you or anyone in your employment ever contacts me again I will immediately and without further ado refer this matter to my attorney with demand for immediate legal action against you in a court of competent jurisdiction.Sincerely: Heres a reference for ya toohttp://www.ftc.gov/os/statutes/fdcpa/letters/atteberry.htmSo basically if the tards did actually communicate with your employer you could moon walk all up and down the front and back of their azzes for violations galore. Link to comment Share on other sites More sharing options...
divemedic Posted April 3, 2005 Report Share Posted April 3, 2005 Just so you know, threatening to tell your employer is a violation of the law. Depending on where you are, there could be state law violations as well. Also, unless the CA has bought the debt or they are also attorneys, they can't sue you. Threatening to do so if they cannot is also illegal.I would send them a DV and also include in the letter that they are not to contact you at work. Link to comment Share on other sites More sharing options...
ghacorp Posted April 4, 2005 Report Share Posted April 4, 2005 xtrav,You did not mention the agency or who owns the debt, however yes you can be served at work as another mentioned and it could become an issue with the bank as an employer as credit tends to be checked frequently. Never never never assume they cannot or will not find out somehow whether it's legal or not. Bill collectors can do some pretty shady things and get away with it. Your wages cannot be garnished in TX should you be sued eventually. I would NOT send a C&D letter as that could provoke further communication in court! Maybe you can ignore their threats. Link to comment Share on other sites More sharing options...
txtraveler357 Posted April 4, 2005 Author Report Share Posted April 4, 2005 I have been fortunate that the bank that I work for doesnt stress credit as a hiring stipulation. However, my credit situation has worsened in the last year of my employment. My score was mid 500s when I started, but has dropped since that point due to my wife losing her job. I am getting conflicting stories as the best way to proceed....since the original debt was 500, which has escalated to about 1600 with fees does anyone think that the company would sue for that small amount. The company is OSI...representing Bank of America. Link to comment Share on other sites More sharing options...
c m chase Posted April 4, 2005 Report Share Posted April 4, 2005 How old is the debt? What's the history here...how long have they been after you? Have you talked to them at all?If they've sent you an intent to sue and they don't sue....that's also against the law.You should do a little research here on Debt Validation (DV). I'm also with gha on this one and wouldn't send the cease & desist letter. That ONLY leaves them the option to sue.If you DO get sued, we can walk you through the process and try to get it dismissed. Depends on the situation. Link to comment Share on other sites More sharing options...
txtraveler357 Posted April 4, 2005 Author Report Share Posted April 4, 2005 The debt is about 2 yrs old. It was a card that I would pay a little bit here an there on. Now, this collection agency has had the file for about 2-3 months now. I have spoken with them a few times, but my last conversation with them was about a month ago when they tried to play on my morality by being a bank manager, and former employer with BofA. Thats when they threatened to contact the board of directors of my current employer saying that I was not holding up to my moral terpitude that comes with being in a position of handling other people's money. I received the notice of intent to sue about a week ago. Link to comment Share on other sites More sharing options...
divemedic Posted April 4, 2005 Report Share Posted April 4, 2005 When did you make the last payment?Also, if they contact your employer and you lose your job, actual damages for you would be lost wages, stress and many others. You would have a really good case for a suit in the 6 figure range. Link to comment Share on other sites More sharing options...
creditcardcory Posted April 15, 2005 Report Share Posted April 15, 2005 I don't understand, you work at a bank. There's not $1600 laying around that you can pay this off with. Issue yourself a new card and transfer this balance or take it out of your closing contingency every day until its paid. Link to comment Share on other sites More sharing options...
Xanathos Posted April 15, 2005 Report Share Posted April 15, 2005 I don't understand, you work at a bank. There's not $1600 laying around that you can pay this off with. Issue yourself a new card and transfer this balance or take it out of your closing contingency every day until its paid.From the "If you want to spend the next 1-5 years in "Pound-Me-In-The-a$$-Prison" files..... Link to comment Share on other sites More sharing options...
GreatGadsby Posted April 15, 2005 Report Share Posted April 15, 2005 he he Link to comment Share on other sites More sharing options...
chelleshocked Posted April 15, 2005 Report Share Posted April 15, 2005 From the "If you want to spend the next 1-5 years in "Pound-Me-In-The-a$$-Prison" files.....LMAO Link to comment Share on other sites More sharing options...
txtraveler357 Posted April 21, 2005 Author Report Share Posted April 21, 2005 Yeah...I dont think that "issue a card" would work, lol. Im not a fan of becoming Bubba's love slave. Link to comment Share on other sites More sharing options...
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