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

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

Riesel, TX -

Attorney Answers (4)

Dorothy G Bunce

Dorothy G Bunce

Bankruptcy Attorney - Las Vegas, NV
Answered

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!

Matthew Michael Loker

Matthew Michael Loker

Litigation Lawyer - Arroyo Grande, CA
Answered

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.

Eric Jerome Gold

Eric Jerome Gold

Estate Planning Attorney - Calabasas, CA
Answered

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... more
Paula Brown Sinclair

Paula Brown Sinclair

Bankruptcy Attorney - Twin Falls, ID
Answered

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...

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

Related Topics

Creditor harassment

Creditor harassment is illegal under the Fair Debt Collection Practices Act. It restricts how creditors can try to collect debt.

Featured Legal Guides

Criminal charges

Criminal charges are formal accusations in court that someone has committed a crime. Criminal charges have many classifications and degrees of severity.

Featured Legal Guides

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.