Expert: Barnette Law Offices, LLC - 10/25/2008

Question
October 7: I called to complain about collection tactics, was told I was being irresponsible and I had to pay or legal proceedings would occur. I mentioned seeking bankruptcy protection, was told they would get a judgment prior to my even being able to get an appointment and not to try to save myself. I was offered a 20% settlement on the debt but the tax liabilities of the written off balance was never disclosed to me. I alerted B Of A to Collectcorp's threats and intimidation practices, never was contacted but it is documented in their files.  October 24: Collectcorp rep leaves message saying I'm an irresponsible adult, that they will make me owe more than the debt and that I should get my head out of my rear end and call in to make arrangements, he provided a false name and false extension as a lure which I fell for.  I complained to both Collectcorp and BofA, taped the voice message,played it back to managers, received a call from Mr. Morrow of Collectcorp stating they take full responsibility for employee, he was fired as of 8:01 that morning, was a new hire, claimed responsibility repeatedly, apologized on behalf of his company, etc.  I told him I would seek legal proceedings as to having filed bankruptcy out of fear from statements made,(all but two other creditors had current payment arrangements prior to filing), that I will be ruined on paper because of corrupt collection practices, was verbally abused on a recording which I will present to a willing attorney accepting my case. I told Collectcorp that I probably wasn't the only victim of this reckless collector and I would find the others that he intimidated as well, to file a class action suit.  Do you think I have a case against Collectcorp and is BofA culpable for hiring them to intimidate customers with lies, deception, threats and humiliation tactics thus forcing me to run for bankruptcy protection?

Answer
Jeanna:

  You certainly would have a case against the debt collector but, a case against Bank of America may be a stretch (at least in terms of a class action).  There is some authority which places liability on original creditors for debt collection abuse but, it is jurisdictional specific.  I would advise you to consult an attorney in your state.

         Jason Wade Barnette
         Barnette Law Offices, LLC
         http://www.barnettelawoffices.com
         1-615-585-3885