Consumer complaint received 2017-09-20
Company: Adler Wallach & Associates, Inc.
State: CA
Product: Debt collection
Sub-product: Other debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
Yesterday my husband attempted to contact AWA collections because he was at a mortgage lender 's office and he was being told that even though he had good credit he was being denied for a loan because his debt to income was too high. Considering his bills are very small in proportion to his income, he was surprised and questioned the loan officer to clarify what he meant by the debt to income ratio was too high. The loan officer informed him that because we live in California, his wife 's debt is his debt since this is a community property state. Meaning that my debt was bringing him down and counting against his debt to income ratio for the purpose of purchasing a home. Considering my debt is also rather small, again he questioned what the loan officer meant by that. 

The loan officer stated that I had 3 collections on my credit report. two of them being for {$3000.00} and {$3000.00}. Both of them reported by AWA collections on the same day for the same exact original amount. After my husband came home and informed me of this situation we realized that AWA collections was collecting for a bailbond account I signed for over 5 years ago. I want to make this clear now so you understand this situation and why I 'm filing this complaint. I am not disputing that I owe a bailbond account. I am disputing that I owe two bailbond accounts. I have only in my life signed a bailbond for 1 person. 

What makes this case worse is that this was n't the first time my husband was told the same thing. Last month he was told the same thing by a mortgage lender. At that time I had disputed the duplicate accounts with the credit bureaus. I thought the situation resolved itself until I reviewed my credit report yesterday and found out that the accounts had been " verified '' as owed. I know this is impossible because as I stated I have only ever signed 1 bailbond for 1 person. The fact that this account was being " verified '' was a violation of both the Fair Debt Collection Practices Act as well as the Fair Credit Reporting Act. Because of this, my husband decided to call AWA to figure out what 's going on and why they continue to report a duplicate bailbond account. What he received in return from them was beyond grotesque. 

When he called in to ask about the account to AWA, AWA asked what his relationship to me was. He informed them that he was my husband. AWA stated that they would n't talk to him and only me because this was not his debt. When he asked them why?, AWA stated that they would only speak to the person whom the debt belonged to. At that point my husband began to question them about it. He informed them that he knows for a fact that in the past he 's dealt with a collection agency and paid them off because I work nights and I am asleep from XXXX. AWA 's response was that they did n't care about other collection agencies. They would only speak to me because the debt did n't belong to him. After a while my husband became really upset and told them that if the debt really was n't his, then why is he being told by multiple mortgage lenders that California is a community property state and half of my debt belongs to him? He even questioned AWA as by being a collection agency in California, they should be very aware of the law and regulations. If this debt truly did n't belong to him, why is it being counted against his income as a liability? He explained to them that he was simply trying to correct their records because by AWA reporting a duplicate bailbond collection, they were essentially stating that I owed {$6100.00} instead of {$3000.00}. That additional {$3000.00} difference was literally the difference between qualifying for a loan and not qualifying for a loan. Furthermore, since this was already disputed by me and they supposedly " verified '' that I owed 2 accounts instead of one, they were lying and breaking multiple laws as well as preventing him from obtaining a loan. If their claim that this was n't his debt is true, then why would he be getting denied for loans because of this debt? 

AWA did n't care, would n't hear any of it, and simply stated that they did n't know he was being denied for a loan. At this point my husband became really upset and asked to speak to a supervisor. The collector basically gave the whole " there is no supervisor available to help you '', refused to name the supervisor when asked who he was, and hung up on my husband. My husband then called back. He called and spoke to a XXXX. He attempted to explain the situation to her but she was no better. When he asked to speak to a supervisor she said she was the floor supervisor. When he continued to inform her about what was happening and that he was being denied the loan because of this debt she simply kept interrupting him. She asked him how I the debtor wanted to take care of the debt. He informed her that he was simply trying to get them to report an accurate balance at this current time as the account was being reported twice. She finally started becoming a smart aleck. She interrupted him and began asking him a question. When he began to answer she cut him off and asked him another question. When he began to answer the second question she cut him off and asked him a third question. When he began to answer the third question she cut him off again and was beginning to ask him a fourth question at which point my husband became irritated. He asked her point blank to stop interrupting him and let him finish speaking and maybe she would receive an answer. She said ok go ahead and answer and I wont interrupt you so my husband began answering her third question and again she interrupted him. My husband finally raised his voice as she was obviously trying to irritate him on purpose. He asked her for her full name and she refused to give it. He asked her what department she was a " floor supervisor for '' and she refused to answer. She then went further and in a demeaning and condescending voice said have the debtor call us to pay us in full otherwise do n't bother calling us at all. He told her point blank that if they were going to act this shady and refused to help in any way shape or form that he would file a complaint against them. XXXX said " that 's your choice. '' Well here is my complaint. AWA is illegally reporting 2 collections on my credit report. They have broken the F.D.C.P.A. and F.C.R.A. by lying in their false verification of this debt. They refuse to correct the erroneous reporting and wo n't accept any calls other than for me to pay this erroneous debt which is coercion. They are being harassing and abusive in their communications. And ultimately they are being unfair in their practices in the collection attempts of this debt. If they continue to report a duplicate of this account with the credit bureaus then I will be forced to sue them as I already did what I was supposed to by disputing this debt with the credit bureaus and we have already attempted to contact them to resolve it and they refuse.

Company response to consumer: Closed with explanation