Debt collection -- Attempts to collect debt not owed -- Complaint #5893983

Complaint Overview

Complaint ID: 5893983

Company: Bank Of America, National Association

Product: Debt collection

Sub-Product: Other debt

Issue: Attempts to collect debt not owed

Sub-Issue: Debt is not yours

State: New York

ZIP Code: 11772

Date Received: 2022-08-18T12:00:00-05:00

Date Sent to Company: 2022-08-18T12:00:00-05:00

Company Response: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A

Submitted Via: Web

Tags: Older American, Servicemember

Consumer Narrative

XXXX. The Legal Order Processing Unit of the Bank of America in a letter to the me, dated XX/XX/XXXX, entitled Important Information about Your Account ( s ), with the case name : XXXX XXXX, case number XXXX XXXX, regarding reference number XXXX, stated ( See attached XXXX XXXX letter from Bank of America XXXX XXXX XXXX. ) inter alia : A. On XX/XX/XXXX, we received an order to remove funds from your account ( s ). The amount of the judgment was for {$570.00}. We are sending you this notice to let you know what weve done in response to the order. 1. Amount in Account ( ending in number XXXX ) {$2000.00} 2. Protected Amount : {$1000.00} 3. Amount Subject to Garnishment ( Now Removed ) : {$570.00} 4. Legal Order Processing Fee Charged {$120.00} 5. Attorney Fee {$0.00}. B. As required by law, we removed these funds in the amount of {$570.00} and may have to turn these funds over to the entity or person as directed by the order. C. The additional sum of {$120.00} was removed from my bank account as of XX/XX/XXXX " Legal Order Processing Fee Charged '' D. The entity/person who obtained the order against you : XXXX, XXXXXXXX XXXX XXXXXXXX, XXXX XXXX 2. I received a letter, dated XX/XX/XXXX, from XXXX, XXXX XXXX XXXX XXXX XXXX ( the collection law firm ) with the attached Notice of Lien. ( See attached XXXX XXXX letter from Bank of America XXXX XXXX XXXX with Notice of Lien. ) 3. I received a second letter, dated XX/XX/XXXX, from the collection law firm stating that the Bank of America has currently placed a hold on my account and requesting that I sign and return the attached release of lien agreement to our office to have these funds released by the Bank of America to our firm. ( See attached XXXX XXXX letter from Bank of America XXXX XXXX XXXX with Release of Bank Lien Agreement. ) 4. I never consented to the release of my funds from the Bank of America to the collection law firm and refused to return the Release of Bank XXXX XXXX for XXXX XXXX XXXX XXXX XXXX XXXX XXXX to the collection law firm. XXXX. On XX/XX/XXXX the I secured a printout of my bank account ( ending with numbers XXXX ), from the Bank of America ( See XXXX XXXX Bank of America XXXX XXXX XXXX XXXX. ) XXXX. This printout provided activity between XX/XX/XXXX and XX/XX/XXXX, which reflected my two monthly XXXX payments of {$1000.00} and indicated that the Legal Order Fee of {$120.00} plus the Legal Order of {$570.00} had been debited from my account on XX/XX/XXXX, which was the day before XX/XX/XXXX, the date of the collection law firm 's two letters to the me. XXXX. I called the Bank of America on XX/XX/XXXX at XXXXXXXX XXXX and XXXX XXXX to complain about the attachment of my bank account in the amount of {$690.00}, on the grounds that the debt was not mine ; the debt was possibly owed by my deceased brother concerning his deceased brothers residence in XXXX XXXXXXXX XXXX and that I had not received any prior notification. I was given the collection law firm 's number : XXXX. XXXX. On XX/XX/XXXX the I spoke to a XXXX XXXX at the collection law firm to inform her that the alleged debt of {$690.00} was not mine and that : a. I had not had any contact with my ( deceased ) brother since XXXX ; b. I was not the son of my deceased brother ; c. that I was estranged from my brother, XXXX, and learned that he passed away approximately in the latter part of XXXX ; d. that I received no type of notice of his passing, such as any legal proceeding concerning his brother XXXX XXXX from any court ; e. I had received no prior notice, correspondence or court papers concerning this alleged debt that until my receipt of the abovementioned three letters, which were dated XX/XX/XXXX, the day after the {$690.00} had been taken from my Bank of America account ; XXXX Such garnishment occurred approximately 3 years after the death of my brother, XXXX XXXX and XXXX My income was derived from my Social Security Retirement benefits. XXXX. XXXX XXXX XXXX advised me that, because the I was not the son of XXXX XXXX, the money would be returned to him as of XX/XX/XXXX. XXXX. To date, no monies had been returned to the me by either the Bank of America or the collection law firm. XXXX. I retained pro bono counsel from XXXX XXXX XXXX, XXXX, who wrote a letter dated XX/XX/XXXX to XXXX XXXX XXXX, XXXX, of the collection law firm regarding the debt collected improperly from my bank account under case number XXXX XXXX. ( See XXXX XXXX letter from XXXX XXXX, XXXX. to XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX. ) XXXX. XXXX XXXX XXXX further stated that the debt allegedly owed to the creditor, XXXX XXXX XXXX XXXX was not owed by XXXX XXXX, the complainant, and was possibly owed by XXXX XXXX XXXX, the brother of the claimant. 13. No reply was received from the collection law firm by XXXX XXXX, except the Return Receipt card was marked XXXX.

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