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What should I do????

Date: Thu, 03/26/2009 - 17:47

Submitted by anonymous
on Thu, 03/26/2009 - 17:47

Posts: 202330 Credits: [Donate]

Total Replies: 3


About a year ago, I had my credit card charged off due to non-payment. The amount chrged off was somewhere around $6,000. I couldn't even make the minimum payment because not only did I lose my job, but when I did eventually find work it was only part time at near minimum wage working at a bookstore. My check for two weeks of work was BARELY enough to cover one car payment, and as a result I fell behind on all my bills. During those 10 months, my credit card debt was sent to a law firm for collections, the law firm of Bronson and Migliaccio. They offered to settle with me for $2900. So I set up a payment plan with the firm to make an initial payment of $850, then a hundred dollars per month after that until I paid my debt in full. Right away the collections agent was really aggressive and said unless I set up a post dated payment "IMMEDIATELY" my account would be turned over to the attorneys and I would go to court with the firm. So I set the first payment for two weeks out via ACH debit from my bank account, with full confidence I could get the money. As luck would have, plans fell through and as a result the law firm became angry because I didn't have the funds in my bank. So we set it up again, and once again the payment fell through. Each time I set up the payment with the honest intention of getting the money. I didn't even want to set up these payments because my financial situation was so terrible and I told them this, but they responded by saying unless I set up a payment I would get sued. Now, the law firm says I owe them $850 in the next two days or I am going to face criminal charges for issuing "false checks." The thing is, I never sent them check, just set up an ACH debit that never went through. I didn't do this on purpose, like I said, I just didn't get the money I thought I would have. Am I really facing "criminal" charges now because I set up an ACH debit and when the firm went to pull the money it wasn't there in its entirety? I don't understand. I've run behind on my car payment before, set up ACH debit, and then not had the funds in my bank when it came time to pay (once again, not meaning to do this, just falling on hard times. And in each case I eventually did pay my car payment). What happened in each of those instances is the bank penalized me for non-sufficient funds, which is what they do, but I was never threatened to be taken to court to face criminal charges! Also, I became suspicious of Bronson and Migliaccio in the first place because a) I never got a debt validation letter from them when they first contacted me about my debt, and b) they kept calling my place of employment even though I repeatedly asked them to contact me by cell phone only. And when I did tell them that, the collections rep just ignored me and kept talking over me about my debt, sometimes keeping me on the phone for upward of 20 minutes when she knew I was on the clock and couldn't talk. So after all this, plus hearing the collections assistant (it's always the same lady) tell me I'm going to face criminal charges for not having funds in my bank, I decided to Google her law firm. Turns out Bronson and Migliaccio have lawsuits against them in various states for violating FDCPA regulations, including sending debt validation letters that look like they were reviewed by an attorney, but which have actually not. My next questions then is, what should I do next? I want to get my debt settled because I finally have a stable, good paying job once again, but Bronson and Migliaccio just seem too shady. What should my next course of action be? Should I seek out a lawyer of my own? How should I try to get my debt settled? I'm afraid of dealing with Bronson and Migliaccio because they don't seem genuine. Any advice would be much appreciated. Mik


When they tried to force you to set up post dated checks and also ACH they violated the fair debt collection act. Send them a letter telling them to cease communication with you and tell them that if they continue contacting you or if it turns up in your credit report you will file complaints with the FTC and the Attorney Generals office. You can also tell them that they are unauthorized to sell your information to another collection agency. They have violated the law big time. Bronson and Migliaccio is in rip-off reports.com ripoffreport.com/reports/0/207/RipOff0207290.htm Do not put up with their scare tactics.


lrhall41

Submitted by webmastercash4u on Thu, 03/26/2009 - 17:59

( Posts: 12 | Credits: )