Consumer complaint received 2021-06-29
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: Threatened to sue you for very old debt

Complaint:
I spoke with the Attorney today, advising him that my situation remains the same. I earn about $ XXXX/yr. However, I did try to continue paying the $ XXXXmo payment that the firm agreed I could pay for 6mths since I couldn't afford the {$110.00} that they originally said I had to pay. However, when I called the office to pay the {$40.00}, the Receptionist didn't accept it, she said she would have to speak with the Attorney there. I advised the Attorney of my situation and that I could not start making payments of {$110.00} and he said that's what you agreed upon and I will proceed with the judgement. I advised him that I agreed upon that price because for one, he sent a court order to home about garnishments and taking my home. And second I thought I would have a better job and had no idea we would be faced with a global pandemic and lock down and having to homeschool. I feel that this Law Firm is not fair and not empathetic to the plight of others, especially low income minorities. 

This is the letter I sent to the law firm. 

Dear Mr., I spoke with you last year regarding my financial situation and advised that I could not afford to pay the {$110.00} and I appreciated you working with me and accepting {$40.00}. That worked out very well for me as I was able to make these payments on time every month. 

My circumstances have not changed much. My husband was the primary earner in the home, but he has now been XXXX by a mental health issue and can no longer work. I have to take care of him as well as my XXXX yr old son, who needs constant supervision because during the pandemic he started showing signs of XXXX and XXXX XXXX XXXX 

With all of these trials going on in my life, I have had to lessen the amount of hours that I work and due to the fact that I was a stay at home mom, I am not earning a whole lot, in fact our income is far below the poverty level. Even with this being the case, I am still trying to pay my creditors something, while we also have to pay for food, mortgage, car and medical insurance, and the basics. 

I am asking you to please understand my situation and to be empathetic as my other creditors are. They are all allowing me to pay from $ XXXX {$50.00} indefinitely and they do not bully or threaten to take me to court every 6 months. I'm sorry for the harsh tone but I feel that this is the situation with your firm. I am doing the best that I can, trying to take care of my family and pay my debts that I have made, but I just don't have what you're asking. I am not sure what more I can do. If you won't accept a smaller amount of {$40.00} or {$50.00}. I will have to speak with the Judge, or get an attorney through the NAACP or reach out to XXXX XXXX XXXX as well as the Federal Trade Commission or make a direct call to XXXX XXXX if I have to because this is causing me real anxiety when I am doing the best that I can with what I have. 

Thank you for your consideration,

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