My husband and I both have personal unsecured loans with Citifinancial. They called him today because we both missed November and December payments. Our lawyer said not to pay unsecured, dischargable bills. Citifinancial lady told him that they were going to garnish his paycheck if he didn't pay today. She also asked for the lawyer's name, which he didn't have since we haven't officially retained him yet. Then she told him to have his wife call because I was "dodging her". Oh, and at the end, she said that she thought this whole thing was a "farce". So, I get reved up and call her ASAP. She was really nasty to my husband, I'm in a foul mood today anyway and figured I could vent a little. I've been keeping a very detailed journal of all these calls since I started answering them. Call went something like this:
Me: Hi, I'm returning a call my husband just got, but he didn't catch the name of the caller. Since there are only 3 people in that office, I was hoping you could help me.
Operator: Yes, okay. Let me see if I can look you up in the system and see who's handling your account.
Me: No need. Just turn around and yell, "who just called to harass *my husband's full name*. (At this point, she got all serious and said, yes, hold on please).
*waiting*
*waiting*
Nasty Lady (NL): Yes, how can I help you?
Me: Are you the person that just called my husband?
NL: Yes.
Me: Ok. What can I do for you?
NL: Well, he said you are filing for bankrupcty. Is that true?
Me: Yes.
NL: What is your lawyer's name?
Me: I haven't retained on yet. I'm still interviewing prospects. When I get one, I will let you know.
NL: Well, what changed that you can't make payments?
Me: A lot of things changed.
NL: You know I can garnish your wages, right? 25%.
Me: Yes. YOU know that you would have to take me to court, wait for a court date, get a judgement, and only then can you touch my paycheck, right?! Unless Citifinancial has been acquired by the IRS, you have no authority to garnish my wages without going before a judge first. Plus, this is an unsecured account that is 2 months behind and hasn't even been sent to YOUR internal collections department yet. I am assuming this is because you get rated, as an office, on you ability to collect or not collect payments. If you fail to collect, I am assuming that this will go to some internal central collections department, then an outside collection agency. After they fail to collect, you may seek a judgement against me. HOWEVER, given your reluctance, as an office, to elevate this issue, I am further assuming that you will not want to go through the expense and paper trail of garnishing my wages for an account that you KNOW will be discharged when I file chapter 7. So, let's just cut the crap and please mark me and my husband down as "do not call". I will be following up with a letter tonight, which will be sent return receipt requested.
NL: Okay. Fine. *hung up on me*
Okay, so I have no idea if that's really the way they would escalate this, but judging from her reply, I think I am in the ballpark.
Me: Hi, I'm returning a call my husband just got, but he didn't catch the name of the caller. Since there are only 3 people in that office, I was hoping you could help me.
Operator: Yes, okay. Let me see if I can look you up in the system and see who's handling your account.
Me: No need. Just turn around and yell, "who just called to harass *my husband's full name*. (At this point, she got all serious and said, yes, hold on please).
*waiting*
*waiting*
Nasty Lady (NL): Yes, how can I help you?
Me: Are you the person that just called my husband?
NL: Yes.
Me: Ok. What can I do for you?
NL: Well, he said you are filing for bankrupcty. Is that true?
Me: Yes.
NL: What is your lawyer's name?
Me: I haven't retained on yet. I'm still interviewing prospects. When I get one, I will let you know.
NL: Well, what changed that you can't make payments?
Me: A lot of things changed.
NL: You know I can garnish your wages, right? 25%.
Me: Yes. YOU know that you would have to take me to court, wait for a court date, get a judgement, and only then can you touch my paycheck, right?! Unless Citifinancial has been acquired by the IRS, you have no authority to garnish my wages without going before a judge first. Plus, this is an unsecured account that is 2 months behind and hasn't even been sent to YOUR internal collections department yet. I am assuming this is because you get rated, as an office, on you ability to collect or not collect payments. If you fail to collect, I am assuming that this will go to some internal central collections department, then an outside collection agency. After they fail to collect, you may seek a judgement against me. HOWEVER, given your reluctance, as an office, to elevate this issue, I am further assuming that you will not want to go through the expense and paper trail of garnishing my wages for an account that you KNOW will be discharged when I file chapter 7. So, let's just cut the crap and please mark me and my husband down as "do not call". I will be following up with a letter tonight, which will be sent return receipt requested.
NL: Okay. Fine. *hung up on me*
Okay, so I have no idea if that's really the way they would escalate this, but judging from her reply, I think I am in the ballpark.
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