Consumer complaint received 2023-09-17
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
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

Complaint:
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.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation