Consumer complaint received 2020-10-05
Company: Populus Financial Group, Inc. (F/K/A Ace Cash Express)
State: TN
Product: Debt collection
Sub-product: Payday loan debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened to arrest you or take you to jail if you do not pay

Complaint:
I received an email that was in my Spam inbox that stated, " Case No : XXXX Balance Amount : {$970.00} Case File Transferred to XXXX : XXXX XX/XX/2020 Dear Customer, Having checked your Social Security Number through our National Checking Database System, and finding out that you have been never charged for a fraud activity, XXXX has decided to give you a chance to take care of this issue outside of the Court without you having a report on your Credit History and SSN. In order to avoid a lawsuit of {$2800.00} against you, we request you to kindly pay the Court Restitution Amount which is {$970.00}. If you settle this matter today, you may be entitled to get some percentage of deduction on the restitution amount. You will have to send us a promissory note in order to hold your case file from being sent to the court house. On a case to case basis, you may be given the solution to pay 45-55 % of the pending amount in the  same month & a 30 days extension to settle the rest of the settlement amount as mutually agreed. 

As we were unable to reach you so we are sending you this final notification through email. This legal matter will require your cooperation, so kindly get in touch with the department to make a payment and freeze down this case. 

As you are a defaulter on this credit, the following counts are likely to be represented against you at local County Courthouse : ( 1 ) VIOLATION OF FEDERAL BANKING REGULATION ( 2 ) COLLATERAL CHECK FRAUD ( 3 ) THEFT BY DECEPTION Once the court action is initiated and a Judgment / Decree against you to recover the balance amount with the cost of law suit is received, we may need to ask the court to give one of the following order, should  the debt remains unpaid : - Attachment of Earnings base ( Earnings Arrestment ). Deduction from your wage by your employer or arrestment of part of your salary to satisfy the debt. 
Warrant of Execution ( Exceptional Attachment Order ). Seizure and sale of movable non-essential assets / property by a County Court Bailiff /Sheriff Officer. 

If you are under any state probation or payroll we need you to inform your reporting officer or manager about what you have done in the past and what would be the consequences once the case has been downloaded and executed in your name. If we do not hear from you within 48 hours of the date on this letter, we will be compelled to seek legal representation .We reserve the right to begin litigation for intent to commit wire fraud under the pretense of refusing to repay a debt committed to, by use of the internet and your XXXX. In addition we reserve the right to seek recovery for the balance due, as well as legal fees and any court cost incurred. 

The Factual Basis for the complaints are as follows : You accepted to return the funds from this aforementioned pending loan. 

And as per the agreement the funds have yet to be returned and the collateral has proven to be null that is to say of no value. 

At present, XXXX XXXX is seeking either of the following remedies : - All funds to be returned as per terms of initial contract. 

Dear debtor, as we were investigating your profile credit bureau & social security administration we need some right answers from your side. Also we would like to know when you can pay the  requested {$970.00} to settle this case. 
To resolve this issue contact us during the working hours Monday to Saturday XXXX XXXX to XXXX XXXX  EDT by reply back to this E-mail to get in touch with the representative. 


Yours sincerely Collections & Legal Department XXXX XXXX 2020 | | Terms of Use | Careers | Complaints | Privacy Policy

Company response to consumer: Closed with explanation