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M3ss3dUpCr3dit

bank of america problem

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my sister has been contacted today about a year old debt to bank of america. its for a $3500 balance on a credit card. she hasn't made a payment in about a year (starving student).

BofA stated that if she didn't make a payment today of $106 through a checking account that they can debit every month, that they will get a judgement against her and garnish her wages by 25%.

she's calling me asking for advice on how to proceed since she doesn't have the money right now. what do i tell her? can they garnish her wages?

we live in texas if that helps.

Thanks,

M3ss

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Well, they cannot garnish her wages without a judgment. Does your sister know for sure it was BOA calling, or maybe a CA calling? You can search around the board, you will see that the general consensus is to NEVER give your account number to a CA or JDB or anything of that nature.

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Texas has some of the most consumer-friendly laws around and your sister would be smart to learn them.

I would caution you/her that if she has ANY accounts still at Bank of America (such as a savings, money market, checking, etc) that BoA CAN take money out of those accounts without her permission or prior knowledge - they don't need a judgment or anything else to do that.

If this was a CA calling on behalf of BoA then they are talking through their neither-region and can't do anything without first suing, winning a judgment and then executing a judgment and they are weeks if not many months away from getting to the point that they would have a judgment they can try to collect on.

I would further suggest your sister start the DV process (if memory, original creditors are subject to the Texas version of the FDCPA).

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Well she just got another call, saying if she didn't pay $3500 by 9pm tonight they would take her to court. She called me CRYING, and after she calmed down i realized what happened. They called her and called her a lazy b*tch, can't pay her f-ing bills, and i realized that's not BofA, thats a CA. BofA WOULD NOT say those things to her. the number they called from was 716-614-5374. after a google search i realized that was all a lie to get her to pay. i told her to stay off the phone and record all future calls (since we are in a one party state) and if she ever feels like paying the money to pay BofA directly and squeeze out the CA completely. Now they are calling our grandparents threatening them too! Scum!

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She cannot just ignore or "go around" this CA....she has to DEAL with them.

As I said, Texas has about the best consumer-friendly laws in the country and if she takes appropriate action with this, she can have this CA by the short-hairs (or have a hold on ever more delicate body parts).

Bottom line is the SHE has to be proactive - sleazy CAs like this act this way because most of the time, they know they'll get away with it.

Anybody else they are calling, if they are willing, can ALSO can take legal action against them separate and apart from your sister...the only reason a collector can call a third-party is to "locate" the debtor and even then, they absolutely cannot reveal any information about they debt or the fact that they are a collector...since they obviously know exactly how to reach your sister, they have NO legal excuse for calling anyone else.

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Frankly, were she my sister, I'd tell her to get her butt online here and start educating herself (especially Texas consumer law). :)

But yes, she needs to start the DV process but before she does that, she'll need to learn how to craft a really good and appropriate DV letter.

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i already sent her a link to this thread and the DV link at the top of this page. She will learn. i learned alot from this site, and it helped me remove all but 2 or 3 items from my reports.

Thanks all, especially Robert.

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i already sent her a link to this thread and the DV link at the top of this page. She will learn. i learned alot from this site, and it helped me remove all but 2 or 3 items from my reports.

Thanks all, especially Robert.

her being a college student, it's very important to deal with this now than later. One collection account can determine whether you can be approved or denied for a student loan.

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