조그만 한인회사에 다니고 있는데, 많이 상황이 어려워졌습니다.
저희 부장님이 채무가 있나봅니다. 회사가 작고 사람도 몇명없는데,
회사로 부장님을 찿는 전화가 하루에 두번씩, 아침,저녁으로 은행에서
오더니, 지난주엔 전화로 회사에 다니는지 확인서를 보낼테니
확인해서 팩스로 넣어달라는 전화가 오고 팩스가 와서 보니
*** investigative services, inc
그리고 전직 FBI 직원이었다는 둥… 써있습니다.

오늘 전화와서 그거 언제 팩스 넣어줄거냐고 해서, 사장이
출장가서 아직이다… 했는데, 이거 해줘야 하나요?
부장님은 그냥 무시하라고, 알아서 하겠다는데,
뭐라고 담주에 또 전화한다는 데 뭐라고 해야하나요?

No you don’t need to do it.

1st. It’s not your legal right to disclose someone else’s private information. You may get into legal trouble.
2nd. That guy (former FBI agent or whatever if you believe it) has no legal right to ask such information and your boss has no legal responsibility to respond to such request.

In one word, “If not court ordered, you don’t need to do it.”

Don’t ever never do it. Nothing bad will happen by not doing it.
Bad thing will happen if you do it.

If he calls you again, do NOT let him ask you questions.
Do not answer to any questions he asks.
Instead, you ask questions. Get as much information as possible from him. Such as his full name, mailing address, phone number, compnay he works for, company name and address, If he was an FBI agent, ask his government employee ID and his former boss’s contact. You can even ask his social security number.

So do like this.
If he asks, “what’s your boss’s social number?”
Then you say “What’s your social number?”
Get the picture?

Don’t worry about salary garnishment.
For them to be able to garnish your boss’s salary, they will have to sue your boss and get court order.
To sue them, they will have to serve complaint to your boss.
If your boss is not served then that means they haven’t sued your boss yet. If they sued your boss and have not served complaint to your boss, then it’s illegal.

Being a former FBI agent has no legal authorities. He probably is now a private detective. You can treat him as if he is a normal civilian. He is not even a police officer.

To be more clear.

That guy must be a private detective hired by a collection agency.
Collection agencies hires private detective to locate debtor’s work and home address and get as much information as possible about the debtor like financial status, bank account information etc… They do this to find the best way to collect money.

Or that guy must be a collection agency acting as if he is a former FBI agent. This is illegal. A violation of FDCPA.

If he calls you again, ask these questions.
1. Who he work for? The collection agency’s name.
2. Contact information of that collection agency.
3. The amount of debt.
4. Who is the original creditor?
5. Is that collection agency works for the original creditor or is that collection agency purchased debt from the original creditor?
6. Ask for any copy account transfer or account purchasing contract between original creditor and the collection agency. If there were any other collection agency or debt buyers were involved, ask all documents between all those parties. In short, ask them to show you the chain of how that account ended in current collection agency’s hand.
7. The date that the last payment was made on that account.
8. The last payment amount.
9 ASk if they have been any interest. If so, ask what rate.
10. Ask if the collection agency has legal permission to operate in your state. If so, have them to show you proof.

You can ask all kinds of questions you want. But know that they have no legal responsibility to your questions.
They also can ask all kinds of questions to you. But you have no legal responsibility to answer to any of those questions.
If you want, you can simply hang up without saying any words. There’s nothing illegal with that.

More about wage garnishment.

They have to sue your boss in a civil court. Then they have to win the case at the trial. Then the court orders wage garnishment. Only after then they ‘HAVE LEGAL RIGHT’ to garnish the wage. (Not they ‘CAN’ garnish the wage)

To sue your boss, they have to submit complaint to the court against you. At this point, they become a plaintiff and your boss becomes a defendant. Once they file a complaint to the court, they have to notify your boss about it. There is a court allowed time limit for this. In general, once you file a complaint you have to notify (serve the paper) the defendant within 30 days. This is vary by state and court. Also they have to file the complaint at the court which have jurisdiction over your boss resides. If your boss is living in Los Angeles county, they can not sue him in Orange county. They have to sue him in a court in Los Angeles county.

also depends on the state law or court law, there is a certain way to properly serve the paper.

In short, there are great detail of how to take court procesures. If they don’t follow any of these, you can ask judge to dismiss the case beased on these facts.

After all this trouble, if they sucessfully filed a lwasuit against your boss, then there will be a some kind of pre-trial conference. This is where judge and plaintiff and defendant meets and look for settlement before that expensive actual trial. Tow parites can come up with any settlement here then the case closed. If not, you go to real trial. At the trial if your boss lose, then the collection agency can ask court to issue a wage garnishment order against your boss. It will be granted. Now the collection agency has the legal right to garnish your boss’s wage.
That does not mean that they ‘CAN’ garnish. To do that, they need to know where your boss works. If they don’t know it, they can not garnish. The court does not do this for collection agency. The court just gave them permission to do it. So how they do it is all their question to figure out the answer.

They have a long way to go to garnish your boss’s wage. So don’t worry about for now.

그사람들은 이미 이름,주소, 소셜 다 가지고 있고,
무슨 모기지론을 받을 때 했던 서명같은 것도 팩스로 보내왔습니다.
팩스보내고 전화한 회사는 Armitage & Associates Investigative Services, inc
로 되어있네요. Mortage Guaranty Insurance Corporation(MGIC) 론에 관련된서 대행한다고 되어있네요.
저도 이일에 아예 관여하고 싶지 않지만, 다들 나가있고 사무실에 저 혼자 있을 때가 많아 제가 전화받는 데 스트레스 쌓이네요.
그냥 그건 내 잡이 아니다 라고 말할까요?

I am sorry but it is not my business. If you want to talk about it, contact him first.

빚진 분이 월급에서 공제를 하는 계약서를 썼으면, 그빚진 분이 그계약서를 회사 payroll에 주어서 일을 성사시키는 겁니다. 같이 회사에서 일하고 전화받는다고 끼어들 입장이 아닙니다.

끼어들 이란 표현은 잘못 되었는 데요. 제가 비서하면서 도와 준다고 하다가 adversary가 된 적이 있읍니다. 딱 끊으세요.

“그냥 그건 내 잡이 아니다 라고 말할까요?” <= Yes you can.
Also you can tell him that “it is against our company policy to take any phone calls related to personal matter. So stop calling this number”.

위에 여러분들이 잘 언급한대로 회사는 종업원 개인에 대한 어떤 채무에 관한 책임이 없습니다.

개인대 Motgage 회사와의 관계에 회사가 끼어들 이유는 없습니다.

다만, 법원의 강제 명령에 의한 협조 요청이 올 경우 이에 응답해야 되는 경우는 있습니다.

참고로 더이상 전화를 받기 싫으시면 “National do not call registry” 에 귀찮게 하는 전화번호를 가입하시는 것도 한 방법입니다.

http://www.donotcall.gov

원글입니다. 도와주셔서 감사합니다.
직접 통화하라고 해야겠어요.