Victim Location 79356
Type of a scam Debt Collections
On August 17, 2017, I received an email from a Michael Evans from a Briggs Law Firm. No phone number, no address. Just Michael Evans Senior Executive, Briggs Law Firm. I had to pay $1250, or face charges being files against me by United Personal Loan. I have a job, that if that happens, I could lose my job. So I responded. It finally came down to an email stating that I need to send a copy of the front and back of my debit card, my drivers license, and a written promissory note, stating how I was going to pay the amount back. I went to find the law firm. I contacted two by email on their website. One responded and stated he had no one working for him by this name. He had had several complaints, and he considered this fraud. I had already responded to this Michael Evans. I told him I knew it was a scam. He stated to me that I was a "habitual offence". His reference. If I did not respond by the 27th of September, charges would be filed. The next email, stated that charges had been filed, and he could not talk to me. I was going to be responsible for over $8000 in charges, and they could take my property away.
Victim Location 91387
Type of a scam Identity Theft
I received an email with almost of my personal information listed at the top along with lengthy paragraphs stating that I would be served with a law suit. I was told that i have a certain number of days to respond or my file would be registered with the courthouse. Then I was told that my wages would be garnished until I pay back what I owe United Pay Day loans. I personally have never taken out a loan from United Pay Day Loans. The email also talked about filing a civil lawsuit against me and then having the IRS get involved. The email contained IRS codes and other citations from the law in an attempt to scare me and try to legitimize their business. The person who emailed me claimed he worked at a law firm but failed to and refused to provide any contact information other than his email address. He claimed to Be William Spear with the Briggs alas Firm. I looked up the person’s name and he was not listed. I called the Briggs Law Firm and they confirmed that person does not work there and they have an investigation pending into the matter.
Victim Location 27127
Type of a scam Debt Collections
A person by the name of David Tapia, Senior Executive, Briggs Law Firm has contacted me three times regarding a loan that I supposedly took out. He was saying that they are filing a case against me for $1,150. He has used my social security number and birthday in the email, which really concerns me. The latest email said they are going to register the case by April 11, 2017 at 3:30 pm and will be executed in 5 days. The Plaintiff/creditor is United Personal Loan. He asked that I contact him, but he doesn’t leave a phone number. Also, there is no website. One of the emails had a link for me to go to in order to pull up the case, which I did not do. I replied back on one of the emails for him to go ahead and serve me papers because I had not taken out a pay day loan.
Victim Location 92585
Type of a scam Debt Collections
Since you have not responded us let me inform you that you are running short of time because the case is set to be registered with the court by Dec. 14th, 2016 3:30 p.m. and will be executed in the court after 5 days.
You are requested to appear in the court to defend the action of which particulars appeared earlier and now. If you do not appear and defend the proceedings, there is no hearing so it is highly likely judgment may be given in your absence.
If the court rules in favor of the Plaintiff/ creditor (United Personal Loan), you have to pay up when the order tells you to. If you don’t pay up as ordered the Plaintiff may then take steps to collect on the judgment. This is called enforcement action.
As per the enforcement action, your Plaintiff has a number of other options to make you pay –
1. Garnishment from your wages to pay the debt under an attachment of earnings order.
2. Take the money that you are owed by someone else from your bank account. This is called a third party debt order.
3. The Plaintiff can take steps to receive the money it is owed by asking for a lien on a un-exempted real estate owned by the debtor, the sale of the debtor’s property secure the debt against your home or other property you own. This is called a charging order and means that you could lose your home if you don’t keep up the repayments.
After a judgment, you may be summoned to answer questions about your finances. Fail to answer the summons and it is remotely possible that you will be picked up by police for disobeying a court order.
Enforcement mechanisms
The following are the main ways of enforcing judgments:
1. Execution against goods///(order from the court which directs the Sheriff or County Registrar to seize your goods and sell them in order to raise the amount of money which you owe plus costs.).
2. Installment orders, followed (if necessary) by committal orders.
3. Attachment of earnings.
4. Judgment mortgage.
We would like to draw your attention to the fact that in most states, judgments are good for ten years, so if the Plaintiff has a judgment against you, any property you acquire within ten years of the judgment could be seized, as long as the loan has not been paid.
Even though a payday lender can sue you civilly to collect the balance of the loan, failing to pay a payday loan is not a crime while some collectors threaten borrowers with criminal action, you cannot be sent to jail unless you intentionally took out the loan not planning to pay it back as a fraud.
If you are guilty then the IRS under Code 6331(H) will monitor this case. A 1099C is issued when the bad debt is written off by the original creditor and the amount owed was more than $600. This means, if you are not insolvent, the amount of debt forgiven will be taxable. You will have to pay personal income tax on that amount with few more penalty and charges.
Under section 88 of the National Credit Code, I have briefed you up with the affidavit and done my part, now the best is up to you.
Sincerely,
David Butler
Senior Executive
Briggs Law Firm
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