Collection Agency using a ficticous business name

[gloriar]

Back in June of 2010, I was served with a garnishment through the local collection agency and in the process this agency uses a fictious business name to locate people. My employer started garnishing my paycheck at the end of June 2010 in the amount of $343.10. This initial check ended up going to the Revenue and Reimbursement Dept. and instead should have gone to the Sheriffs Dept. Somehow this check ends up going to this fictious business in which they deposit this money into their account, never being posted to my account with the collection agency. I have secured a copy of the canceled check from my payroll dept and presented this copy to the collection agency. No one there at the agency can tell me why this money was not posted to my account and also they have no clue of this "special account" where the money did go. Yes, the collection agency did acknowledge they were using this fictious business name and that they did receive the check but, have no idea why their bookkeeper deposited the check in this unknown "specail" account. I was told their bookkeeper would investigae this matter when she arrives on Monday 12/06/21010. I feel fraud is happening here. Am I close? Can you tell me what to do or where to go? Thank you, Gloria

 

[army judge]

Your instinct and suspicious nature are on point.

Speak to their crooked "bookkeeper" and see what other lies you are told.

After that discussion, post the results of the discussion.

No need to speculate or advise until after you gather additional intelligence and datum.

Wage attachments shouldn't happen unless you've lost a lawsuit.

Try to discover when and where you were sued.

See what proof was supplied to your employer in order for your wages to have been levied against.

I think you're on to "something".

Keep digging and rooting!

 

[gloriar]

I have since made 2 contacts with this collection agency. First contact was by phone on Monday 12/6/10. I asked the person whom answered the phone if I could speak with (i will call her sally), Sally. This is the individual I spoke with in person on 12/2/10, I was told that Sally was away from her desk at that time so I then told this person I really needed to speak with the bookkeeper and could she give me her name. The name given was Florence and was told that Florence did not come today. I then said, "So, Florence should have been in today but, she didn't make it after all". The person replied "that's right". I asked, then when will Florence be returning? She said tomorrow morning which would be 12/7/10 and that Florence only works in the mornings. I said "yes, Sally mentioned that initially". I decided to visit the collection agency in person this morning 12/7/10 and again I get no answers. Nothing but the runaround. Sally was there in the front desk and almost immediately tells me that the bookkeeper was not there and that she's not the one that deposited this check in the "special account after all". Turns out the person who made the deposit was the person who oversees all business for the collection agency. So when I ask to speak to him, Sally tells me he's not in and she doesn't know when he's coming in. I tell Sally to have him call me and she tells me that he doesn't call people back nor does he answer any phone calls while he's there at the office. Sally says the only way I will get a response from this supervisor is after he does his research he will turn over his finds to one of the agents there at the collection agency and they will call me with his findings. As for a time frame, Sally could not give me a definite answer because she doesn't know when this supervisior will come in to the office again. Should I give them a couple of days before I seek small claims court?

 

[mightymoose]

Interesting that nobody who works there is ever actually in when their name is mentioned.

You will go in circles like this for awhile if you keep at it this way. Look up the registered agent who handles legal matters for this company and send a certified letter. You will get a response. Simply, and I do mean simply, explain the problem and insist on a prompt resolution to avoid court.

If things don't get sorted out then you can handle this matter in small claims. Sometimes they suddenly become more cooperative with you when you start to cost them attorney fees. You don't want to talk to anyone at that office anymore. If their attorney hears from you then they will know you mean business.

 

[gloriar]

Thank you all for your assistance. I have kept a log of all conversations, dates and times included. On 12/7/2010, when I made an appearance in person I did mention to this Sally person that I would seek legal counsel if I received no response soon. I gave them til the end of that day when I called asking to speak with the person in charged. Immediately the person answering the telephone recognizes that it's me on the other end and informs me that a check will be ready for my pick up tomorrow morning. To my surprise, I receive a call to my office at 9:15a.m stating that a check was waiting for me. Yes, I left my job with a quickness and after picking up my check I went straight to their bank to cash it before they even thought of putting a stop payment. So, thanks again for your immediate responses and assistance.