Legal Question in Credit and Debt Law in California

I like other people who have taken out payday loans have been receiving calls from Bam Group. I was told that a summons will be issued to me if I do not make payment arrangements to these people. Can they legally submit a summons to my employer against my will? I even tried to google the Bam Group to get a phone number and address on this company and I was not able to come up with anything. What should I do in this situation?

Thanks!!!


Asked on 6/25/10, 11:45 am

2 Answers from Attorneys
David Gibbs The Gibbs Law Firm, APC

Did you not repay the payday loan? I'm guessing not, otherwise they really don't have a right to be calling you. The summons is part of a lawsuit that yes, they can file. Once they obtain a judgment, then they can attach your wages through legal process. Their threat that they will "submit a summons to [your] employer" sounds like typical debt collector b.s.. Yes, they can file suit and eventually go after your wages. No, they cannot go get a summons and serve that on your employer. Doesn't work that way. You should consult with an attorney who represents clients in Fair Debt Collection Practices Act violations, and see if these rise to the level of giving you a right to go after them for damages. You're welcome and good luck.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

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Answered on 6/25/10, 3:10 pm
Stan Lockhart Law Offices of Nations and Lockhart

They are violating about a half dozen provisions of the Federal Fair Debt Collection Practices Act.....and possibly Ariz. debt collection laws, also....

BAM Group, Inc

2925 E. Riggs Road

Suite 5330

Chandler, Arizona 85249

Also:

BAM Group, Inc

8345 E. Ridge

Phoenix, Arizona 84325

tele:888-390-4235

Keep track of the phone calls, time, who you talked to and particulars of what was said, threats, cussing, intimidation, humiliation, legal action, sheriff, etc...

We have forms for clients to collect the info and keep track...you could be talking about hundreds or $xxxxx of dollars in violations.

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Answered on 6/25/10, 3:16 pm


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