Debt collection -- Took or threatened to take negative or legal action -- Complaint #12268634
Consumer Sued for Resolved Debt, Faces Wage Garnishment Threat
Complaint Overview
Complaint ID: 12268634
Company: Ballybunion Enterprises, INC
Product: Debt collection
Sub-Product: Other debt
Issue: Took or threatened to take negative or legal action
Sub-Issue: Sued you without properly notifying you of lawsuit
State: Indiana
ZIP Code: 460XX
Date Received: 2025-02-28T12:00:00-05:00
Date Sent to Company: 2025-02-28T12:00:00-05:00
Company Response: Untimely response
Timely Response: No
Consumer Disputed: N/A
Submitted Via: Web
Tags: Servicemember
Risk Assessment
Risk Level: high
The consumer claims they returned the merchandise, voiding the contract, yet were sued and threatened with severe collection actions without proper notification of the lawsuit.
Consumer Sentiment: negative
Topics: debt collection, legal action, consumer rights
AI Analysis
CFPB complaint 12268634 was filed against Ballybunion Enterprises, Inc regarding Debt collection (Other debt), specifically about "Took or threatened to take negative or legal action". A consumer was sued for a debt they believed was resolved after returning merchandise, and the debt collector threatened wage garnishment and account freezes. The complaint was received on February 28, 2025 from Indiana. The company responded with "Untimely response".
Consumer Narrative
It happened while serving in the XXXX XXXX in XXXX or XXXX went to XXXX XXXX XXXX looking for a laptop, signed a reantal agreement for laptop was discharged from XXXX in XX/XX/XXXX could no longer afford laptop, decided to return laptop to company and even had a signature required for when they received it they received their merchandise back. After that heard nothing from them until XXXX telling me I still own them money and I told the person I spoke too that once your company received their merchandise the contract is voided. I haven't heard anything back until recently which is around the middle of XXXX by mail stating that XXXXXXXX XXXX XXXX was trying to collect for a debt that was old and resolved and that the company had already been awarded judgment back in XXXX from XXXX Va without notifying me about it and that if I didn't pay what they wanted by the end of day XX/XX/XXXX that they would notify XXXX XXXX XXXX that I didn't pay and they would garnish my wages and freeze my account until they got paid.
What You Should Do -- Consumer Action Plan
Consumers should carefully review all legal documents, keep records of returns and communications, and seek legal counsel if facing lawsuits or threats of wage garnishment.
Legal Context & Consumer Protection Laws
A judgment awarded without proper notification to the defendant may be subject to challenge.
Regulatory Insight
Debt collectors must provide proper notice of legal actions, including lawsuits, to consumers.
Resolution Likelihood
likely
State-Specific Consumer Protections
The consumer's military service and subsequent discharge may be relevant to their ability to afford the rental agreement.
Industry Comparison
This case highlights potential issues with debt validation and the proper notification of legal proceedings in the debt collection industry.
Related Issues
Frequently Asked Questions
What is CFPB complaint 12268634 about?
CFPB complaint 12268634 involves Debt collection (Other debt). The consumer reported an issue with "Took or threatened to take negative or legal action", specifically "Sued you without properly notifying you of lawsuit". This complaint was filed against Ballybunion Enterprises, Inc on February 28, 2025.
Which company is complaint 12268634 filed against?
Complaint 12268634 was filed against Ballybunion Enterprises, Inc. You can view all complaints against this company on their profile page at /company/ballybunion-enterprises-inc.
What was the company's response to complaint 12268634?
Ballybunion Enterprises, Inc responded with "Untimely response". The response was NOT marked as timely by the CFPB.
When was complaint 12268634 filed?
Complaint 12268634 was received by the CFPB on February 28, 2025. It was sent to Ballybunion Enterprises, Inc on February 28, 2025.
What state was complaint 12268634 filed from?
Complaint 12268634 was filed from Indiana. You can view all complaints from this state at /state/IN.
Was the consumer satisfied with the resolution of complaint 12268634?
Dispute information is not available for complaint 12268634.
What product category is complaint 12268634 about?
Complaint 12268634 is categorized under "Debt collection", specifically "Other debt". This is one of the product categories tracked by the CFPB.
How was complaint 12268634 submitted?
Complaint 12268634 was submitted via Web. The CFPB accepts complaints through web, phone, mail, email, fax, and referral channels.
What are the consumer's legal options for complaint 12268634?
A judgment awarded without proper notification to the defendant may be subject to challenge. This relates to a Debt collection complaint against Ballybunion Enterprises, Inc involving "Took or threatened to take negative or legal action".
How likely is complaint 12268634 to be resolved?
Resolution likelihood: likely. The company's current response is "Untimely response".
What does the risk level mean for complaint 12268634?
This complaint is rated as high risk. The consumer claims they returned the merchandise, voiding the contract, yet were sued and threatened with severe collection actions without proper notification of the lawsuit.
What regulatory actions apply to complaint 12268634?
Debt collectors must provide proper notice of legal actions, including lawsuits, to consumers. The CFPB tracks complaints like this one to identify patterns of misconduct across the Debt collection industry.
What should the consumer do about complaint 12268634?
Consumers should carefully review all legal documents, keep records of returns and communications, and seek legal counsel if facing lawsuits or threats of wage garnishment.
Are there state-specific protections for complaint 12268634?
The consumer's military service and subsequent discharge may be relevant to their ability to afford the rental agreement. This complaint was filed from Indiana.
How does complaint 12268634 compare to industry norms?
This case highlights potential issues with debt validation and the proper notification of legal proceedings in the debt collection industry.
Was the consumer properly notified of the lawsuit before the judgment was awarded?
The consumer states they were not notified of the lawsuit, which is a critical procedural step. If true, this could invalidate the judgment.
Does returning merchandise automatically void a rental agreement, especially if there are outstanding fees or penalties?
The terms of the original rental agreement would dictate whether returning merchandise voids the contract. Often, agreements include clauses for late fees, penalties, or remaining balances that must be settled.
Disclaimer
This analysis is AI-generated and does not constitute legal advice.