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How can I get the name of a debt collector that's claiming to file charges against me for a payday loan?

Riesel, TX |

I took out a payday loan in 2010 for the amount of $400.00. I lost my job about 6 months after I took out the loan. I talked to the company and the lady refused to work with the issue, so I couldn't pay it back. In May of 2012 I start receiving phone calls about filing criminal charges of bank fraud because the account used had closed due to the overdraft of the account with the payday loan. It is December and i received more calls about serving paper to my place of employment for criminal charges. I asked for verification of the debt and they couldn't present any. They wanted me to pay first. Then I asked for the name of the company and the only gave me the acronym which is BCM. They refused to give me the actual company name. How can I go about getting the name. They always call private

Attorney Answers 4

Posted

When there are such major violations of the Fair Debt Collection Practices Act and a failure to identify their company, it generally turns out to be a scam. Do NOT send these people any money because if they are not the real party in interest, paying them does not absolve of you of liability for the account. Once way to find out the identity of the company is to ask them for a mailing address so that you can mail payment. If they fail to provide you with this, that further bolsters that they are a scam.

In the event that you do determine who BCM is, I recommend speaking with a consumer protection attorney in TX because there are numerous violations here.

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Posted

You may not be able to figure out who they are, but I bet a government investigator can, and in fact knows this debt collection company well. Many states have an agency that regulates debt collectors and investigates issues of misconduct. Call your state government & I will bet the friendly operator will connect you to the proper authorities to file a complain against this debt collector.

Hope this perspective helps!

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Posted

My colleagues have both provided you with solid advice. I would simply add that collection agencies do not file criminal charges. The only legal action that the collector's company can take is filing a civil lawsuit against you. If they succeed with suit, then they can use legal process to enforce the final judgment. None of this activity is in the nature of criminal prosecution.

My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. For more information, you can reach my office at: ww.EGoldLaw.com

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Posted

Your description is strongly suspect for payday loan extortion scam. The FBI is actively involved. Read an early FBI press release here: http://www.fbi.gov/news/pressrel/press-releases/paydayloanscam_120710

This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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