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Over 2 years and now threats...

Date: Tue, 08/21/2012 - 22:16

Submitted by tpjefferson
on Tue, 08/21/2012 - 22:16

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Total Replies: 2


I received a voicemail from an unknown number (I ignored the call) today. I have transcribed the message and need assistance:

[SIZE=2]My name is Sophia DiManti. Your phone number was provided on the court paperwork faxed into my office this morning for someone named, [HUSBAND'S NAME]. Now, I don't think this is a coincidence, my calling you, but like I said, this is Sophia DiManti. I was the private locator retained in having [HUSBAND'S NAME] served with appearance documents for Case number [CASE NUMBER]. I was just calling today because by week's end, [HUSBAND'S NAME] will be seeing me at his place of employment or residence when I come to serve out the documents to him. Now he's going to need two forms of valid identification with him. In the event that he doesn't have those available or if I don't find him at either of those places, I have no choice but to mark his paperwork off as a refusal to sign. If he ends up missing his appearance date and having a judgment not ruled in his favor. Now this is a time sensitive matter of legality. If you could write this down for [HUSBAND'S NAME], his case number is [CASE NUMBER], by law I'm required to notify [HUSBAND'S NAME] that he, himself or his attorney retain the right to contact the plaintiff directly at (855) 609-7626. Thank you for your time today, ma'am. Getting this message to [HUSBAND'S NAME] as quickly as possible will be in his best interest.[/SIZE]

My husband called the "plaintiff" (who was Sun Rich Recovery--A third party collector) and found out that this is regarding an internet payday loan received from Payday One for $500 on April 30, 2010 (two years ago). They told me when I called that he owed $845.38 and then told him when he called that he owed $1245.00. He is scared that this woman/private locator is going to show up at his work and serve him or have him arrested or that they will garnish his wages.

We have not paid anything toward the balance. On 5/21/10, they tried to draft $615.38 and it was reversed due to insufficient funds on 5/24/10. Then on 6/5/10 they attempted to draft $645.38 and that was also reversed. We put a stop payment through the bank to stop them from continuing to draft money. That stopped the drafts and now over 2 years later we are hearing about it via a third party collection agency.

My questions to this forum are:
1. What should we do? We don't have money to pay it back at this time.
2. What can they do to my husband at this point?
3. Can he go to jail or have his wages garnished?
4. Are the drafts "bouncing" a criminal charge?

Please help! We live in Texas and this was an internet payday loan.

Thanks so much.
:confused::confused:


Thank you so much!! I feel so much better seeing others comments on this number!! Y'all are the best!


lrhall41

Submitted by tpjefferson on Wed, 08/22/2012 - 19:43

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