Chapter 7 bankruptcy filed and discharged in 2009; we did use an attorney and we did list every single debt we were aware of at the time. We live in Colorado.
Today I received a call from Mr. Washington with Barnes Givenski & Associates. The caller-id number that came up is 678-819-4985. Mr Washington left me a message stating he is a civil claims coordinator working for Barnes Givenski. His message also stated that his call is to alert me to a claim of depository check fraud and activity showing for my social security number. He said I am required to contact the firm to submit a formal statement and left a callback number of 877-206-8031 ext 508.
Do You Have a Question You'd Like Steve to Answer? Click Here.
I did return his call because his message really concerned me. When I spoke with him he stated that I had a payday loan back in 2008 (which is true), and that while the bank I used at that time did sign an affidavit that I had an open and active account when I applied for the loan, the account was subsequently closed and the final payment was not paid. He also stated that if I did not make the full payment today $120, then they would file civil and criminal charges against me for fraud.
It is true that I did have the loan and it is also true that the account was closed before the final payment was made, but it wasn’t closed to defraud anyone, rather a company submitted multiple unauthorized ACH debits putting our account in the negative and the bank closed our account. Also, this payday loan debt was discharged in our chapter 7 bankruptcy back in 2009.
I told him this debt was included in our bankruptcy and offered to give him our bankruptcy attorney’s information. He said that I should call the attorney to confirm the loan was listed in our bankruptcy and then let him know. He said he trusted me as I have no reason to lie and to just double check with our attorney and call him back.
At this point I began to think this could be a scam; everyone I’ve ever talked to about a debt insists on having my attorney’s information. My attorney is out of town and I am very concerned about having civil or criminal charges filed against me.
Can they file charges against me for this debt?
Thank you for your help,
This is your chance to be a hero and help out this person by providing your feedback and answer to the question in the comments section below.