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.
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,
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