***sorry...I posted twice above (once as "guest"). I thought I was logged in***
I have been having financial difficulty for awhile now, and wasn't able to make payments on my Citibank account. So apparently they charged off my account and sold the debt to ACS. I have been dealing with this company since April. Now…I am not trying to avoid paying my debt. I have been trying to work with them…but they don't seem to want to “help me” as they keep saying. The first person I spoke to literally brought me to tears when he told me that they wanted $3000 right then and there, and if I didn't pay it by 2:00pm (5:00pm my time) the next day the account would be closed and they would proceed with legal action (wage garnishment). I called some family and friends for help, but they are not people of money either. So I didn't call ACS back by the deadline, assuming my case would be closed, legal action started, and my wages garnished (this is obviously before I started doing any research). Well…the calls have been incessant since then. I expect at least one call a day. They leave messages every other day. It's hard to be able to talk to them, however, due to our conflicting work schedules. They always tell me to call back by 2pm, but I am at work at that time and cannot receive or make personal calls. By the time I am home from work, it is 1030pm their time. On a rare day off, I did speak with another guy and explained that to him, but he didn't believe me and insisted that I was stalling. Then last week I spoke with the worst of the bunch. He was yelling at me for practically the duration of the call. I flat out told him I didn't have $3000. He offered a payment plan. When I asked what the terms of the plan would be, he proceeded to say that talking to me was like “talking to a child”, and that “he didn't have to pacify me, I had to pacify him” (I have been documenting all of my calls to the best of my ability). Then he told me that my case was being closed (again) and to contact my attorney. Well…they called everyday since then. And today they called me at work (for the 5th time, despite the fact that I informed them that I cannot receive calls here); the guy I spoke with tried to “help me” again. I told him I didn't have the $4400 he was asking for; that at best I may be able to get $1000 by week's end…and that's with borrowing from family. BUT…I couldn't complete any transaction as [1] I was at work and am not supposed to receive calls, and [2] I had to go to a meeting right then anyway; but I would call back this afternoon. He said that he was writing me up for “refusal to pay” (even though there I was making an attempt to pay), that my case was now closed, that my wages would be garnished (as California is the most creditor friendly state in the nation) and a 2nd lien put on my car, and that I should seek an attorney. I asked for their address, but he refused to give it to me…he just told me to have my attorney contact them for it. WTH?
So at this point and after an incredibly looooong backstory (I sincerely apologize, but thank you if you've stayed with me here), I have a few Q's.
1. I know that in CA wage garnishments are possible (though difficult to achieve, esp since I am a federal employee), but can they proceed in spite of the fact that I have, in fact, expressed that I am willing to pay the debt?
2. If I send in a cease and desist, will they take that as a “refusal to pay”?
3. I have read that some will send in a C&D only to stop telephone calls. Would it be best to do that, or cut them out completely and see if Citi will be willing to work with me? I have a feeling that they won't since I have not made payments in a year.
Thank you so much to anyone who reads and responds to this. This whole thing is seriously stressing me out, (which is really not good as I am 5 months pregnant), and I need to find some way to relieve the stress. But I don't want to be some deadbeat who tries to get out of their responsibilities.