I've been getting phone calls from work from a CA regarding a debt to my former employer. (Look up my previous posts). I asked the CA to stop calling me (had not sent a C&D letter yet or validation), and they did until today. I got another call from work. I reminded him that I had told him to stop calling me at work. But now he had my ear. He mentioned a subpeona to my work, judgements, wage garnishments, etc. I told him to stop calling me at work *again*. He said call back if I don't want to be sued. Well, of course I don't want to be sued, and there I was, totally afraid, at work...So I called the OC. I can pay them in full within two weeks, and I told them as much. They said that I could not deal with them any more, and that I had to go through the CA. I don't know if they have sold the debt or if the CA is just handling the collection, or what. Either way, the OC (also my college alma mater) is holding my transcripts until this is paid. I want to pay the OC directly, because I don't trust the CA, don't want to deal with a CA, and I want to be able to hand the OC bursar's office a check in person, and watch them remove the hold from my transcript. Instant gratification for everyone (okay a little less gratifying to my bank account, but oh well) Do I have to deal with the 3rd party? Has anyone ever had an OC, especially a college, refuse your money? This debt is less than a year old. They've already said go through the CA, I'm sure the OC pays the CA big bucks to harrass me and at work. If I paid the OC would I still owe the CA something? Since I have not received anything in writing from the CA, I don't know if they are tacking on fees. From the original quote on the phone, I don't think so. How can someone you owe money to NOT accept your money?
Have you notified the CA in writing not to call you at work? Have you requested validation in writing from the CA? "He mentioned a subpeona to my work, judgements, wage garnishments, etc." So he is implying what? That is is going to sue you? And he is still playing up the aspect of embarassing you at work (subpeona to your WORK), after you told him not to call you at work. He only said "subpeona"? He is assuming you are an unsophisticated consumer, who is afraid of court and has no idea what normal procedure is. How much money is involved, and what was it for? If it was for tuition, is there any issue of withdrawing from classes be certain deadlines, that may require refunding of partial tuition under state law? In other words, is the amount in collection actually correct under state law?
Not yet. He last called last week and I told him not to call at work anymore. I left it at that with him while I figured out how to pay off the debt in one lump sum and have it done with. Yes. That I would be served a subpoena at work and that I would be ordered by a court to pay and to have my wages garnished. That is what he said when I said, "what do you mean subpoena?" Honestly, I don't know what the normal procedure is! It is over $5000, and it was tuition for my daughter's child care through the college's campus school. The amount is correct. I have no problem paying it, and as I said, I will have it paid in full in two weeks. I want to deal directly with the college--the OC. But when I spoke to the comptroller's office there, the woman said I needed to deal with the CA and pay through them. I don't want to do that because the CA has proved to be dishonest (although I need to request my needs in writing). Giving vague threats about subpoenas, calling me and harrassing me at work, threatening to add "legal fees" to my debt. I don't doubt that the OC would give them the green light to sue me. I am concerned that if I pay the CA, even if I pay in full, there will be a delay in their communicating with the college, causing my transcripts to be held even after I've paid my debt. If I paid the college, I could pay them in person and have my transcripts released in a matter of minutes. A few years ago, when we were buying our house, I had a charge-off from an old CC. It was so old the CC company had no record of it and sent me to the CA that they had sold the debt to. I had an agreement with them to pay 70% of the whole charge, which came to a little over $700. When I checked my CR recently, it was documented that I paid $700, but still owed about $300. Luckily I still have all the paperwork from that, but it's proving to be a hassle to get it stricken from my CR. I don't want something like this to happen again, especially when I'm applying to grad school and need access to my transcripts. I have the money to pay the debt. Is it possible that the college would refuse to take my money and send me to the CA? They won't deal with me on the phone, if I'm standing there in person would they turn me and my money away? While I understand how CA use fear and intimidation, and false pretenses to get their clients their money, I'm sufficiently scared and intimidated to the point of migraines. It seems like I have a path of least resistence (pay in full to the OC) and that path is chock full of hurdles. I spoke with my dh about speaking to a lawyer. How much help would that be if I just want to pay the dang bill to the appropriate party and be done with it?
I went back and read my original thread about this matter and found an answer to how to proceed! Yay!
You make your requests by phone, they will be ignored. You make them in writing, sent CRRR, at least there is law (FDCPA) supporting their duty to respond, and a paper trail of what transpired. They talk to you by phone, and as you have seen, they feel free to say anything they thing will shake loose money, even if it violates FDCPA. "That I would be served a subpoena at work and that I would be ordered by a court to pay and to have my wages garnished." He left out the important part: He has threatened to garnish your wages, but he has to sue, and win, before he can have your wages garnished. Serving a subpoena at work does not get your wages garnished. He is threatening something that he cannot, at this point, do. He probably knows he should not threaten to sue unless he actually intends to do so, so he is coming as close to threatening the same thing while thinking he has avoided crossing that line. The school probably still owns the debt, so that decision probably still rests with the school. He has in fact, actually crossed the line, violating FDCPA. And the only reason to threaten to contact you at work, either by phone, or to deliver a "subpoena", particularly when you have told him not to, and if he has your home contact information, is to threaten you with public embarassment, again an FDCPA violation. The next step to garnishing your wages isn't even to deliver a subpoena, it is to deliver a summons, notifying you he has filed suit. Within the timeframe in which you will be paying this off, he will likely be unable to take legal action. You have several problems: 1) Ongoing harassment at work, and illegal threats, in violation of FDCPA 2) Some concern that paying him will result in correct crediting of your account, because of (1). 3) Some concern that your transcripts will not be released within the timeframe you need them, even when you have paid the debt. Contact an attorney that deals with debt collection and FDCPA violations. Use him to contact the university to determine the correct amount of the debt, make payment, see that your transcripts are released, and maybe deal with this guy. It might cost you a little, but you might recover damages and attorney's fees from the CA. More important, you will be able to be more certain the debt will be cleared and the transcripts released, and that this CA backs off.
Years ago, I had a department store account in collections. I sent a check to the OC and it was sent back. I walked into the store and paid cash with the account number wrote on a piece of paper. The clerk took payment and the issue was resolved. Maybe go to the accounting office and try to make payment.
