I recieved a phone call from Bronson & Migliaccio on Fri

Evenin' Guest -

First off, what state are you in? I rather doubt they can take pension/SS income, but it varies by state.

Secondly, I didn't think BoA could send you to collections if you were making the minimum payments regularly. That's why they're called minimum payments, after all. Check the contract you signed for the card for the exact details. I smell a rat nearby...

Thirdly, have you been served/sued, or is this just a dunning call? That affects your nect move.

Fourth, on validation. You want to see more than just an affidavit or statement that they own the debt or it's been assigned to them. Check the validation letter link in JCEMT's sig file for an idea of what I mean here.

Lastly, as long as you're reading over that letter... Make a copy, customize it to fit your situation, and mail it to them, certified mail, return reciept requested. Tomorrow morning. They can [and likely may] pretend you didn't ask over the phone. But if you sent a letter and can prove they got it, they're stuck. Also, by law they have to cease all collection activity until they provide validation.

They violated the fdcpa right there. B&M are a law firm that specializes in debt collection and are in fact collectors themselves. They are under the Collect America Franchise along with John P. Frye, CACH LLC, etc. Bottom feeders really.

Where did B&M break the law here? Hmm, lets see:
1. Failure to disclose that they are a collection agency + mini miranda
2. Demanding payment by a time frame that does not allow the consumer the chance to request validation (not a violation per se but it is shady)
Now that they said they are going to file suit they have 30 days to do so or that will be another violation.

Not sure about your pension but your SSI is non attachable and cannot be garnished. Of course some states don't allow garnishments in the first place.

NO not at all no company or person can garnish pensions unemployment,ssi anything thats given from the goverment dont worry wipe the sweat away!!! And beaware they will say anything to try to scare you and to try to make you pay up!

I was told by my attorney that a CA could get permission from the courts to freeze my bank account and I would have to prove that the money in the account was indeed from social security. Is this true?

Once the money goes into your bank account, it might be at risk. But they would first have had to sue and been awarded a judgment. Yes, as per the fdcpa, they are a collector, and broke the law according to your phone conversation. If you have no assets, don't have your pension or SS direct deposited into your bank account, and tell them to take a hike. Suing you would cost more than it's worth.

Thanks for your replies first off I live in WI. 2nd NO I have not been served as of yet and only recieved the one phone call which took me by suprise. But that is what I'm worried about I can't afford to hire a lawyer for this like I said I have my pension which is only a couple hundred a month. As far as my SS I thought it had to be direct deposited or am I just having a senior moment. Should I or can I file a complaint against them for failing to disclose that they are a collection agency?? If so with who?? I am going to send them a validation letter as recommended. One last note. When they called and told me that they are not a CA and demanded my checking account info for payment I thought something smelled bad. Then when I told the person on the phone will not pay them anything without getting some type of statement the person said "hold on let me get my manager!!" the a guy comes on the phone and says "What's the problem here!" It didn't dawn on me until now, What Law Firm has a Manager?? The older I get the longer it takes to think about things not as quick as I used to be.

You can report it to their state attorney general's office, the federal trade commission, and (since they are also a law firm) their state bar association.

Do you recall the name of the person(s) you spoke with?

Supposed Law firm, very rude people. I recieved a call last year about a debt I suppposedly owed, a citibank credit card, The only one of those I had was thru sears, it's been paid off. I was told that they would be sending me a letter, never recieved one. They called me again today, same thing, I owe citibank, I have been in touch with citibank, they have no record of me or the account number, called sears to verify that I don't owe them anything, $0 account balance. B&M asked if I could prove this was not my account, How can you prove something I never had? Was told that they are sending a letter, this time I will ask citibank to send me a letter confirming that there is no such account. If you have not already done so, contact Bank of America to find out if they transferred your account to these people.

The burden of proof does not rest with you. They have yet to send you the standard dunning letter (a fdcpa violation) What you can do is send them a debt validation letter (you can find a template in my signature) send it certified mail, return receipt requested. Once they receive your validation request they must cease collection activity until they can produce validation (which they can't since it's not your account)