Consumer complaint received 11/25/2016 about Debt collection (Payday loan) with Automated Collection Services, Inc. (NM).
Issue: Communication tactics
Sub-issue: Threatened to take legal action

Complaint: Hello, I am having trouble paying this payday loan back according to the terms of the agreement. I received this email from the debt collector ACS -- Case No : XXXX Balance Amount : {$960.00} Case File Transferred to ACS : - XXXX 2016 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, ACS 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 {$960.00}. 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 XXXX-XXXX % 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 : - Attachme nt 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 SSN. 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, ACS INC 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 {$960.00} to settle this case. 
To resolve this issue contact us during the working hours Monday to Friday XXXX to XXXX EDT on reply back to this E-mail to get in touch with the representative. 
Yours sincerely Collections & Legal Department They called my sister on Wednesday and were terribly rude. I spoke to them and told them to stop. She said she would see me when she served me papers on Monday. She said I was going to be prosecuted.

Company response to consumer: Closed with explanation