Consumer complaint received 2017-01-31
Company: PORTFOLIO RECOVERY ASSOCIATES INC
State: HI
Product: Debt collection
Sub-product: Credit card
Issue: Taking/threatening an illegal action
Sub-issue: Seized/Attempted to seize property

Complaint:
This complaint is related to complaint XXXX, submitted on XXXX XXXX, XXXX. In that former complaint, I stated that I had settled outside of court to pay an alleged debt at a certain rate, but that the collection agency, Portfolio Recovery Associates , LLC, ( PRA ) initiated garnishment of wages 11 days later. After the CFPB reported my complaint to PRA, I received a reimbursement of the garnished wages and a notice that the garnishment was terminated. 

Once again, in XXXX XXXX, PRA has begun garnishing my wages for that same account, which I agreed to pay at a certain rate in XXXX, but instead of which PRA garnished my wages, then returned the garnished funds after the abovementioned complaint XXXX. Once again, I will not be able to pay my bills due to the current garnishment. 

In sum, an agent of PRA approaches me outside of court in XXXX XXXX, solicits and obtains an agreement to settle a debt, does not respond with the result of the proposal until I am called before the judge at trial, at which time he informs me, while before the bench, that my proposed terms of out of court settlement have been accepted by PRA, and shoves a multipage document in front of me to finalize the arrangment. It turns out that the document I signed was actually a court document titled 'Judgement ', and PRA has used that document as a basis for garnishing wages in XXXX, reversing the garnishment when contacted by the CFPB, then has re-initiated garnishment again in XXXX, resubmitting the same documents as in XXXX. 

For your convenience, the text of former complaint ( XXXX ) follows : " In about XXXX XXXX, I was summoned to court in XXXX to respond to a lawsuit submitted by XXXX XXXX, XXXX, on behalf of " Portfolio Recovery Associates ''. When my name was called during the court proceedings, the representative from XXXX XXXX, XXXX, a lawyer named XXXX XXXX, informed the Judge that he would talk to me outside the courtroom, rather than take the next step toward a trial. '' " I met XXXX XXXX outside as requested, and he asked me to offer some amount in terms of a monthly payment. He said the amount did not matter, just submit a proposal and let the creditor respond. I then proposed {$100.00} per month, which proposal he said he would submit to the creditor. " " I did not hear from XXXX XXXX or his firm again regarding the above proposal of {$100.00} per month prior to my appearing in court at the next appointed court date ( XXXX XXXX ). '' " At the XXXX XXXX hearing, when my name was called, I went to sit down at the table before the judge, where XXXX XXXX was already seated. As I sat I said to XXXX XXXX that I did not receive a response from his firm regarding the {$100.00} per month proposal. He pushed a multipage document in front of me stating that my proposal had been agreed to, and that I only need sign the document before me to finalize the agreement. '' " I signed the document expecting to receive a copy of it, but that was never given to me at the proceedings or subsequently by mail. Since this was done before the court, I assumed that due process of presenting a copy of the document would be part of the proceedings. '' " Recently, I observed that my direct depost had been reduced by {$1000.00} per month due to garnishment ( that would be the full amount permitted by Hawaii law ), and now, on XXXX XXXX, XXXX, do not have enough funds in my account to pay rent this month, let alone any other expenses. ''

Company response to consumer: Closed with explanation