Debt collection -- Took or threatened to take negative or legal action -- Complaint #7563051
Complaint Overview
Complaint ID: 7563051
Company: Bank Of America, National Association
Product: Debt collection
Sub-Product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-Issue: Sued you without properly notifying you of lawsuit
State: Florida
ZIP Code: 32746
Date Received: 2023-09-17T12:00:00-05:00
Date Sent to Company: 2023-09-17T12:00:00-05:00
Company Response: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Submitted Via: Web
Consumer Narrative
On XX/XX/2023, I filed the attached complaint against both Bank of America and their representing counsel, XXXX, XXXX, and XXXX. Bank of America responded that since this was in litigation, it was to be addressed with their firm. In response to the complaint filed, their firm filed a prompt response with the CFPB and on or near XXXX XXXX, sent me what I presume to be a proposed court order ( attached ). My assumption is the attached proposed court order was to satisfy the original complaint that this firm was inappropriately delaying my case. As illustrated in the attachment, Bank XXXXf Americas firm vehemently denied that allegation. However, on or near XX/XX/2023, I received notification from Bank of Americas attorneys that they were responding to a Failure to Prosecute ( attached ) initiated by the State of Florida, for time languishing between court events. The above-mentioned proposed order, sent to both my employer ( garnishee ) and myself, WAS NOT sent to the court. No effectual activity was done to proceed with my case and now, further time has languished. A reasonable person would question the intention behind this mismanagement of court documents. One paper delivered erroneously is understandable, this makes two documents I have received that the court has not. At this time of record inflation, surging fuel charges, and Florida energy increases of 20 %, I am unable to navigate the inconsistencies of this case that surely do not follow Florida law. For a year, I have had no ability to intervene and discuss the financial hardship this has and is creating. When I received the proposed court order, I was relieved because this would give me the opportunity to present an appeal. Though I would be out further funds to defend my case, this would be a path forward to correcting and alleviating a dire situation these errors continue to create. To date, I have not seen any activity with the proposed order. This judgement will be fully satisfied in approximately one week. I have been rendered completely defenseless. Surely this is an abuse of debt collection practices, at minimum. In addition to financial hardships created by circumventing the judicial process, I have battled severe bouts of anxiety for the past year and, especially, the last few months with increases in all living expenses, I have been unsure how my family could survive. Bank of America has been sited before for improper garnishment techniques and I ask the CFPB to review these facts and documents and see that this is continued garnishment abuse by this bank, carried out by their firm, and endured by me. I truly hope that no other consumer is expected to endure a collection process like mine. This has required unspeakable mental fortitude that the bank has no compassion and accountability for, which is a shameful business practice.
Frequently Asked Questions
What is Complaint #7563051 about?
Complaint #7563051 was filed against Bank Of America, National Association regarding Debt collection specifically about Took or threatened to take negative or legal action. It was received by the CFPB on 2023-09-17T12:00:00-05:00.
How did Bank Of America, National Association respond to this complaint?
The company responded with: "Closed with explanation". The response was timely.
What is the risk level of this complaint?
See the risk assessment section for details on this complaint's risk profile.
How do I file a similar complaint?
You can file a complaint with the CFPB at consumerfinance.gov/complaint. Select the appropriate product category (Debt collection) and describe your issue in detail.
Can I see other complaints against Bank Of America, National Association?
Yes, visit the Bank Of America, National Association company profile at readthecomplaint.com/company/bank-of-america-national-association to see all complaints, risk scores, and analysis.
Disclaimer
This analysis is AI-generated based on publicly available CFPB complaint data. It does not constitute financial or legal advice.