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Got a Call From Barnes Givenski & Associates About Check Fraud

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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About Consumer

This is information that was submitted by a third party and not generated by or Steve Rhode.
  • Chris Mollo

    This company tried the same BS with me and I took them to court and sued them. They had TO PAY ME $1000.00! Do a Google search for the court case “Mollo v. Barnes Givenski & Associates LLC”. They cannot threaten you with a criminal charge. That’s a FDCPA violation.

  • Michael

    Given the detail you provided you are being victimized.
    Criminal charges – NO
    Civil charges – over 120.00 – and the court filing fees likely being more than that – and you being in CO while they are in GA and would additionally have to pay someone in CO to file and serve – NO

    Take a few deep breaths and know that it is unlikely in the extreme that anything is going to occur between now and you speaking with your attorney.

    In fact, I would encourage you to write down all that transpired during the call (and any other calls were they to occur) and contact a new attorney, one with experience in fair debt collection act violations (FDCPA). Contacting an FDCPA attorney and consulting about this would in all likelihood cost you nothing. If the attorney recognizes violations and agrees to represent you, many take the case on contingency which means hiring them would cost you nothing.

    After speaking with your bankruptcy attorney you may ultimately decide to tell BG&H to pound sand and leave it at that. Taking this a step further by connecting with an FDCPA attorney will be your choice. Your choice to do so may ultimately help others in the future who, like you, were minding there own business one day who innocently picked up a ringing telephone only to hear bogus threats of criminal and civil fraud charges.

    Here are 2 experienced attorneys I was able to locate in CO.
    T.A. Taylor Hunt in Denver (303) 331-3400
    Paul Miller in Grand Junction (970) 242-3040

    Give one of them a call. Do not be concerned if they are located far from you.

    Please be sure to not allow this to ruffle you and enjoy the new year weekend!

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