They said I closed my account in 2013 to avoid not paying. I never closed the account, it is still open. There is no money in it because I have another bank. I didn't like their service, they didn't have enough branches. I just never bothered to close it. The attorneys office said they mailed out correspondence on March 2nd giving me till 20th of March to respond. They did not send certified. I don't have the mail they say they sent, now they said I have to get a lawyer because they are filing federal bank fraud charges on Monday. Its $1300 with fees over past two years. Is this legitimate or a collection company scam?
I do not practice in Texas, so it would make sense for you to contact local counsel. To prove criminal fraud, the government has to prove beyond a reasonable doubt (a very high burden) that you meet the elements of fraud, which include more than mere nonpayment (something more like misrepresentation). Even if the bank takes this case to an appropriate governmental agency, it is not clear that agency would want to pursue a nonpayment as a criminal matter. I would recommend you speak to a lawyer though, so you can discuss the details of your case (e.g., if you made some payments, that may evidence the lack of the mental culpability during any alleged misrepresentation or if there are any additional incriminating circumstances).
Something just doesn't smell right here to be honest.
Did you borrow the money? If yes, better pay up. If no, you need a lawyer. Not sure the FEDS would go along with their claim, but state courts certainly will.
really, a lawyer. Have you verified this? I doubt it highly and it smells like a scam.
This is IMHO a civil matter not fraud. This question comes here way to often. Ask them to fax, email or resend the letter. IF they will not, flags get higher.
Call the state bar to see if there si a lawyer by that name. If not, then look at the page http://www.txuplc.org/ for complaints.
If you're concerned that it's a scam, call up the prosecutor's office (the one who claimed to call you) just to confirm that they did send you the mail. You'd want to look for the Federal District Court that services Houston, not a local or county court. Several things concern me: Attorneys generally send paperwork certified to prove it's been sent. The fact this one did not doesn't mean it's a scam, though. Are you living at the same address you did when this occurred? If so, you should have received the mail. Second, the fact that they've waiting a couple years to pursue charges. Again, not indicative of a scam, but they are a bit troubling. Talk to a criminal attorney in your area and give them the specifics of this and, if you can, pull together the money to pay it off and, if they are going to press charges, they might drop them.
