The answer to your question will depend entirely on Virginia state law and I am not licensed to practice law in Virginia. When the person calls you back inform them that you forwarded their collections threats to you State Banking Department and from that moment on make a note of any call you receive time date persons name and what was said. I got a calls several in an hour, to home and cell yesterday from Integrity Group and Associates they also called my sister said I used her as a contact and they called my husbands cell. Then they transferred me to legal. Noe they have started to call its a American now and he says they are going to take my drivers and garnisheed my wages for the loan I recieved that I never repayed. He also has a hotmail or gmail email address. It is subject to change from state to state.
Payday loan companies have a new debt-collection tool: Texas courts and prosecutors.
Can a Payday loan company file criminal charges against me? Question Details: Approximately 4 months ago I took out a loan on-line. However, my wife continues to be unemployed so I'm am having major problems paying all the bills myself. Now this company says they are going to tell my work and bring me up on charges for fraud. I don’t know anything about Florida law, but I would be surprised if Florida allowed debtors to be arrested for defaulting on a payday loan. In Wisconsin (and in most jurisdictions), the most the creditor can do is sue and obtain a judgment. So just so I understand a Payday loan company can press federal charges. It was my understanding that a Payday loan company could only proceed with a judgement if you could not pay not criminal charges.
The law specifically prohibits theft charges when a post-dated check is involved. Most payday loans require borrowers to provide a post-dated check or debit authorization to get the money. Still, payday lenders have found courts and prosecutors willing to take cases. The practice threatens to jail people for debt. The costs of incarceration, though minimized by squalid prison conditions, often grossly exceeded the debts, suggesting that punishment was the overriding motive.
In the first two decades of the 19th century, humanitarians confronted authorities in several states with a litany of abuses, and the public came to see the practice of jailing debtors as repugnant. New York was the first state to abolish incarceration for debt. Other states followed, and Congress passed a federal statute banning the practice in Debt-collectors and other financial firms, the newspaper reported, are suing borrowers over unpaid credit cards, consumer loans, auto loans and other debts.
Many people report never receiving a notice of the lawsuit and end up with an arrest warrant obtained through the courts. The Observer has found a justice of the peace in Harris County who has handled almost hot-check cases, a Class C misdemeanor, for Cash Biz, an Ohio-based payday lender with 24 locations in Texas.
In Amarillo, the wife of a military veteran with 23 years of service complained to the Office of Consumer Credit Commissioner that the Potter County Attorney was pursuing theft charges against her husband even though the couple was in bankruptcy.
But she expressed discomfort with the situation, noting that the vast majority of borrowers had either lost their jobs or had their hours reduced at work.
At some point last year, she started getting calls from people—some in tears—making payments to Cash Biz through the court. To her, it sounded like the debt was being collected from two directions—a debt-collection company and through the court.
She told Cash Biz to stop filing hot-check complaints as long as the company was using debt collectors. The court, Cinque said, gives borrowers as much time as possible to pay and tries to avoid issuing warrants.
Most payday loan companies in Texas have their customers fill out a post-dated check or authorize an electronic debit from a checking account for a future date. When the loan is due, the company either cashes the check or debits the account. Cash Biz, on the other hand, gets checks from their customers dated for the day of the transaction. If it bounces, then the company claims it has the basis for a hot-check charge. Reached by phone, Cash Biz President David Flanagan said he would have someone else in the company call me back.
The promise is that you will eventually pay the money back with interest. In the payday loan model, the check is security for the loan, not payment. As Roger Tillman began looking into how to avoid jail time, he grew angry. His complaint to the credit commission triggered an investigation. It was an attempt to collect on a debt by coercion.
There were other details that bothered Tillman. The Office of Credit Consumer Commissioner has occasionally told payday lenders to stop seeking criminal charges against customers, but the agency has no jurisdiction over judges or prosecutors.
After Tillman wrote to the consumer credit commissioner in August to complain about his situation, the agency investigated. This should keep Tillman and other borrowers out of jail. The consumer credit commission has 30 field examiners to cover 15, businesses, including 3, payday and title lenders.
Only two customers, including Tillman, have ever complained to the commission. How Would That Affect Texans? Most Recent in Environment: It Really Has No Choice.
Most Recent in Border: This is the New Future of Water Infrastructure. How do i get him to stop? The more you contact scammers and ask them to stop, the harder they tend to push. If ignored, they usually move on to easier targets. My husband and I told loan companies we were filing bankruptcy about 3 weeks ago and we have retained a lawyer. Is any of this legal? The FDCPA allows debt collectors to contact third parties to obtain location information for you, but does not allow them to divulge the fact that you owe money.
You should definitely let your attorney know about the calls. Once you file the bankruptcy, creditors are not allowed to contact you without getting relief from the automatic stay. I just got a call from a foreign guy who said I was going to be arrested for not paying back a payday loan I never received.
Said that there was going to be a police officer coming Friday to arrest me at work. I never received any money so why would they be bothering me for me to pay it back? The call was from La and I live in West Virginia.
He said I had three charges they were going to file against me today an that an officer would arrest me Friday at my workplace. That set an alarm off in my head that this could be a scam.
But if it is indeed serious, and I never received any money from them, how can they charge me with not paying it back? He called from a area code. I do have a outstanding loan and I was paying alittle at a time to another company. He said they sent the loan to him and he works for the states attorney. Why would the states attorney in Texas have my loan papers from Va. Is this person right and he can take a warrant out today.
If a warrant is issued for your arrest on a criminal matter, you will not be given the chance to pay in order to make it go away. The sheriff will simply show up at your house. This sounds like another version of the scam I mentioned at the end of the original post above.
Is this a scam or can they actually do this? If you really did write a bad check, you could get charged by the local D. If you really defaulted on a payday loan, you may be sued and the judgment creditor might be able to garnishee your wages.
I recommend you speak with a local attorney. He or she will be able to give you legal advice regarding these calls. Over the past week I have been receiving calls at work and on my cell but I have not answered.
They called from They left 2 messages a general mailbox at work stating that they are calling for my name and they have been retained that they will come to my work or home to serve me because they could not get me on the phone considered myself notified and I needed to call and to reference a number.
I got similar calls on my cell phone stating they are calling for me and on my voicemail stated my address and they they will come to my work or home to serve me but I can settle out of court with the plaintiff by calling them back at the number. They call about times a day I can see on my work caller id. I do not want them to call me at work or at all.
They never give the statement this is an attempt to collect a debt or anything. As always, I recommend you contact a local attorney. Be sure to check out the FBI info I posted above regarding scams. When I requested that documentation of loan taken out in , she said any arrangements would have to be made over the phone, no documentation would be or could be mailed and she had my address information incorrect.
At first the only thing that they could do is take off 1, What made me more upset is the voice mail that was left pertaining my name, birth date, age and address along with the threat that if not called back by 8pm will be arrested. I live in New Hampshire and took out 2 payday loans back in the summer of , after 2 months of both lenders clearing my bank account, the back involunterily closed my account, after falling behind on rent, facing eviction and not knowing how to feed my two children, I had to stop direct deposit.
They also tell me the paperwork has been filed in the county I live in a I would be served. When I recently asked for address, credential information they have hung up on me or been verbally assaultive, telling me the police will be arresting me if I refused to pay. I am still a single mother making just enough money to pay the bills to keep us afloat, like rent, food, heat, etc and cannot pay currently, I also have continuing health issues and these contant calls are only making me feel worse, like anxious, worried all the time.
These guys are so mean and have even called family of my childrens father looking for, as well as calling my parents and threatening them as well, telling them they will be arrested also for aiding and abedding.
I am so stressed and have no idea where to turn or what to do next! The only help I can provide is to recommend you speak with a NH bankruptcy attorney. Although it sounds like many of those calls are coming from scam artists, an attorney can help you deal with any legitimate debts you may have. Please read the FBI notice that I reposted above. If you do not owe the money, the FBI recommends you contact local law enforcement and file a complaint. If you owe the money, the FBI recommends you contact the creditor to confirm the balance owed.
I received a call from a number that came up as Emergency. The guy was saying he is Officer … badge number… and he was calling from my state police department. He said he received an arrest warrant for me and would be at my home in a few hours to arrest me. He gave me a case file number and a phone number and said I had to make arrangements with the people at this number to cancel the warrant.
What seemed fishy to me was when I called the number the guy wanted me to get a GreenDot MoneyPak to send this money that I owe. Is this a scam? That sounds a lot like the scam the FBI detailed above. As frequently stated, I am not licensed to practice law anywhere but in Wisconsin and nothing written here is intended to be legal advice.
If you are concerned about this caller, you should contact local law enforcement or a local attorney. I just got a call from a Cali number being extremely rude. I have taken out payday loans but they r either paid or with a payday loan consolidation. He calls one after the other. Knows my whole social. Also knows my work place.
Said I have check fraud and other things. Only a net spender card from wal greens.. Guess I will not answer or be very rude. He has called 20 times in a row. Is my social security threatened or my email and or work place? They are definitely foreign. Can barely understand them. The fact that the caller knows your full SSN is troubling. You might want to contact the credit reporting agencies, your bank s , and the Social Security Administration if you believe you are the victim of identity theft.
They know what they are doing and are usually immune to rude replies. Ignoring scammers usually works, but your mileage may vary. Keep in mind that this is just general information. For legal advice specific to your individual circumstances, you should contact a local attorney. My boyfriend is a cop so I called him and he called them asking them to stop. They then called me and it popped up as my boyfriends name then my work number..
They called me some very inappropriate names after telling them to stop. Any ideas on who to call to make sure my social is protected? I am calling my bank now. Also who should I contact about my credit being safe? Those calls sound less like debt collectors or even scammers and more like harassment. Again, if you feel threatened, you should contact local law enforcement. Thanks to everyone for sharing their experiences. The best way to protect yourself from scams is to be informed!
Please see some of the comments above. Your attorney will be able to tell you if you can be arrested in Tennessee for defaulting on the loan. Hi, I have received call from a credit company at my job today. Can they do that? See the messages above. In most cases, callers threatening to arrest you for defaulting on a debt are simply scammers.
I keep getting a call from a Mr. He said I took out a payday loan in January of and never repaid it. I have not had anyone try to contact me in any form about a loan that I still owed. I have had payday loans but paid them back. He said they buy lots of accounts from payday lenders and because he has my banking info and ss and contact info that it is a legitiate payday loan. He also told me that they would notify me of the loan company once the papers are filed and a court date was set because they would prosecute.
He keeps on and on and on. For legal advice, you need to speak with a local attorney. As a general matter, this seems to fit the model of the scam the FBI described in the cut-and-paste above. If it is a scam, ignoring the caller usually works.
Engaging with or arguing with them only encourages them. If it is a legitimate debt collector, your attorney can tell you how to request a verification of the debt and how to deal with the debt if it is a legit obligation. I got a calls several in an hour, to home and cell yesterday from Integrity Group and Associates they also called my sister said I used her as a contact and they called my husbands cell.
Stating that I was going to be served with papers on a lawsuit at my home or place of employment or wherever they can find me. For a payday loan that was taken out Nov. All they guy said was that I was going to be served papers, and would be charged with check fraud, etc. He also put me on hold several times!!
I was transfured to this department and made payment arrangements with this lady.. I gave her my debit card number and did the whole recording thing. They new all of my info previous addresses, previous work places, previous numbers, etc … but only made me say the last 4 digits of my SSN.
He was yellling at me and I told him to stop, asked the original collectors name and he said the same name that I had just talked to this other comp about. While on the phone our house phone rang agian and it was the same recording!! I also called the FTC and reported both numbers. The statute of limitations on debt collection in Wisconsin is six years from the date of the last payment. Promising to make a payment but rescinding that promise is not likely to constitute a payment.
I advise you to speak with a local bankruptcy attorney. Some of the calls you are getting may be scams, others may be for legitimate debts you owe. Your attorney can help you with the latter and reassure you about the former. In I made an online payday loan n because of personal problems I close my bank account n as time went by I completly forgot about the loan. Three days ago I get a call from a lady saying that a warrent has been issue doe arrest for internet fraud n if I dont pay I will b arrested within hours.
I have not been able to sleep since than, can they do that? Im not working, I cant even afford to pay a lawyer. No, you cannot be arrested for simply defaulting on a payday loan. Most of the callers threatening arrest are scammers and the FBI is aware of them. The most I can do is recommend you speak with a local attorney. Your city, state, or county may have resources available for indigent clients who cannot afford to pay an attorney.
She gave me number to call with a file number and when i called they told me it was about a payday lone i took in if i dont pay it now with a prepay card they are going to take me to court and i will be charge with fraud and bad check i want to know can they send me to jail for it.
I also want to ask will a pay day loan fall of your record after 5 years? It could be a legitimate debt being worked by an unethical debt collector who is violating the FDCPA. In either case, the threat of jail is all bark and no bite unless you actually committed fraud.
Regarding your credit reporting question, it depends on the lender. There are exceptions, but none that I know of for payday loans. My husband has been getting calls from a Mr. Taylor in GA about a payday loan he had in which he thought was paid, I explained that I just found out about this we are recently married and shortly together and would be happy to handle it for him, which he gave this Mr.
Taylor permission to talk to me and handle this issue. I told him that I would be happy to pay Its pm now and I am still waiting on a call back, what do you think? In Wisconsin and in most jurisdictions , the most the creditor can do is sue and obtain a judgment. The methods for collecting on the judgment vary from state to state, but garnishments and bank levies are the most common. Again, most arrest threats are made by scammers. As always, the only legal advice I will give on this blog is to contact a local attorney.
Hi a debt collector called left a voice mail on my phone saying that they will send a police officer to sign some paper work to bring me to court is that true?
Of course, your situation may have some unique facts. We both have defaulted on payday loans a couple of years ago. He called her employer and told them that she is being investigated for bank fraud. I have no idea how the state works.
Could he be legit? Or is he trying to scare her? She said she was a process server, and that she had a summons that she was going to serve on me. I asked for what and she said Check Fraud. She gave me an number to call and a case number. Which when I called, it was the wrong number and they asked for my social, which I gave-like an idiot. Then they transferred me to legal. He told me it was from a cash loan from and that after 2 attempts to collect-the account had been closed and that amounted to check fraud.
He put me on hold and came back with repayment options. I asked if I could think about my best option because he insisted it be a bank account they could take the amount from every month-i could not send money orders and he said he could give me a 24 hour hold on the summons but that was all.
Does this sound legit? And I feel very uncomfortable giving them my banking info. Is there a statute of limitations on when they can sue me? This is from If it were a criminal complaint, it would go through your local D. The debt collector may sue you in civil court, but that would simply result in a money judgment, not jail time or a fine.
If it is a legitimate debt, the Statute of Limitations in your state may have run. Your attorney can give more information on that. You should never give out personal information like Social Security numbers or bank account information to strangers on the phone. See the info from the FBI in the original post. If you feel someone is trying to scam you and you feel unsafe, you should immediately contact law enforcement. For legal advice specific to your individual situation, contact a local attorney.
So right away new was scan and hung up. Now though get relentless calls and finally decided to pick up and was from same number that originally called for loan and same guy. Guy got rude and so I just simply hung up. An just make sure I was covered call state and local police. They said it was scam and ignore it as well. All calls come from same MO number too. Thanks for sharing your experience.
The more information consumers have, the less likely they are to fall victim to scams. I had the number written down and when I looked it up online I found messages from others claiming that this was a scam. I went online to the actual CashnetUSA site and one of their agents told me in an online chat that she had no record of anyone from CashnetUSA calling me after March 3 If you are afraid someone unauthorized has access to your bank accounts, you should speak with your local law enforcement authorities and your bank.
If the caller already had your information, he would not have had any reason to call you. The goal of most of these scams is to get you to send money. Phishing scams are different, in that they typically try to get personal information from you such as account numbers or passwords. I have another question. I got two loans online from two companies: I looked these two loan places up today and found that neither of them are licensed in Virginia.
I know that VA state laws apply to them. What do I do? I can only give general information. The answer to your question will depend entirely on Virginia state law and I am not licensed to practice law in Virginia.
For legal advice specific to your situation, you need to speak with a local attorney. Over the past 4 days my family and now my Human Resource department has gotten calls from a number stating they are trying to reach me regarding unpaid debt.
I contacted the company and they state I am being sued from the Bank of Delaware from a transaction I made in I asked for an email or letter with details of such transaction and they told me they dont have to send it to me. He gave me all my options and I told him I need to research.
Can I be sued for fraud for some transaction back in I think they are a pay day loan placye not sure, I got one payday loan years ago, but paid that thing off as a fast as I could. I have asked for everything in writing to so I can investigate it before I pay anything. Im hoping I did the right thing. If you could track them down, you may be able to get law enforcement involved, but finding them is the hard part.
In that case, you should speak to a local consumer bankruptcy or consumer protection attorney to learn about your potential remedies. I received a call today from a place called ACS, but it was for my sister insisting I get a hold of her and she would have 2 hours to get the default on her loan taken care of before going into litigation. Stupidly, I gave them my credit card number but had the nagging feeling all day that something was not right. I saw your website and called my credit card company immediately and cancelled my card.
The payment had not yet gone through and the rep and I felt the best thing was to have a new card re-issued since my sister will be contacting a lawyer to follow up on this. I was completely unaware of things like this happening but your website helped to clear up a lot of questions I had.
I have one more question: I told my employer about my loan situation and she suggested not paying back the loans. They are illegal loans, but is it a good idea to not pay them back? Or will that get me into trouble? You need to speak to a local attorney if you want competent legal advice. Most of the time, these callers are scammers looking to scare some money out of you. In either case, the worst they can do is sue you for the amount owed.
If you have questions or want legal advice specific to your individual situation, you need to contact a local attorney. The caller may be serious, but it sounds like a scam to me. In that case, you should contact an attorney to learn about your remedies. In trying to help out an employee, I wrote her three checks to two different Colonial and American Loans.
Each check for 3 loans. I have that in a written letter after the employee refused to leave without it. Have you ever heard about this?
We live in Oklahoma. My husband is receiving calls from a debt collector that says that they are going to procecute him and that he would be arrested for check fraud….. Can he be arrested for not paying this back??? I had a person calling to collect on a pay day loan I had defaulted on after I lost my job.
I offered to make a payment arrangement. When I called them about it they said I had til 3 pm or they would serve me papers along with someone from the county. You cannot go to jail for simply defaulting on a debt. The most the creditor can do, absent actual fraud, is sue you. I had something like this an Attorney called and left a voicemail about how there were allegations pending against me and this was on a Sunday when most offices are closed so i had a bit of suspicion and ran his number through even though i could not find the company i was able to find reviews about the number and posted a comment about how this person called me.
I have done that and that and the attorney stated that i should not do anything until i receive the paperwork and then i can consult with him. He assured me that he would keep the Payday loan company off of my back and also told me that if they attorney calls again to politely state that i can speak with him and give him the number to my attorney.
I just received a call from a debt collector saying i owe a pay day loan from over 8 yrs ago. And to my knowledge I paid all mine off. And I said to him how come no one has sent me anything? They were also calling from Texas. He had me all upset. Please re-read the original post, along with the note from the FBI.
This sounds like a textbook example of a scam to me. The big red flag is the threat of arrest. If you feel threatened, you should contact local law enforcement. Ok this American Mutural Holdings called my mother on June 5 , and told her I have her down as a contact. They told her I have a default loan with Cash America and they had all my information.
They told her if my loan was not paid in 2 hours I would have an warrent out for my arrest for check fraud! She paid it with her debt card What can I do If you actually owed the money, the debt collector could have sued you, but could not have had you arrested. If you did not owe the money, your mother may be able to get law enforcement involved. See the information from the FBI in the original post above. Keep in mind that nothing on this blog is intended as legal advice and I am not licensed to practice law anywhere but in Wisconsin.
My husband received a call tonight on his cell phone. It was a Wisconsin number but they said they were from Georgia. They stated he owed from a payday loan back from Again, any threats of jail for defaulting on a debt should raise red flags. While check fraud is a serious matter, I have never seen such charges filed for merely defaulting on a payday loan. And your local D. If you deny you owe the money and think this is a scam, you should contact local law enforcement or see the original post above for info from the FBI.
I got a letter in the mail for failure to pay off title loan on a car that broke down n picked up by a junkyard for sitting in the side of road. In Wisconsin, failure to appear will result in a default judgment against you and the creditor will be able to collect on that judgment by any means allowed by state law.
Debt collectors do not have the authority to prosecute criminal cases. They can sue and try to collect, but cannot send you to jail. I would be in jail for hours before I seen a federal judge… is this true? Most of the calls claiming otherwise are from scammers hoping to scare you out of some money. Will I go to jail!?! Yes, the debt collector can sue if you default on a debt. If you do get sued, check out this post: Your state procedure will likely be different, but your local attorney can help explain those differences to you.
Back in I took out an online loan from cash net and defaulted on the loan. I just received a call this week from a place saying they were arbitration, and that I was to be issued a summons for intent to defraud a banking institution unless I have a payment arrangement.
I stupidly gave in and ended up giving my bank card info before reading this. Since they knew where, when, and how much the loan was for, would you assume this is just a debt collector breaking the rules, and not a scammer?
Quite a few scammers claim to be collecting on behalf of CashNet. I would consider stopping that payment, letting the bank know what happened, and asking if I need to get a new account number. Keep in mind that this is not legal advice. For advice and a legal opinion on your situation, you should speak to a local attorney.
Well I contacted cash net, turns out this is not the company that bought my debt, and actually is a fraudulent collector. Thank you for responding. Thanks for doing this thread. In New York, a law was passed making it illegal to collect on Payday loans and deemed the loans illegal and therefore void. I plan on closing my checking accounts and using a different, unrelated checking account moving forward.
I assume you are familiar with the NYS law. My question is, can they hurt my credit? Or bypass State law in order to try to collect? I will write to them saying I am defaulting on the loan because I have no money at this time and would be willing to pay any principal balance leftover based on a LEGAL interest rate in my state going back to the time I took the loan out.
By this math they would owe me money. But just wanted your thoughts on if they can garnish my wages or hurt my credit score? I am not licensed to practice law in New York and have no knowledge of any New York state laws.
In general, payday loan businesses must comply with the laws of any state in which they do business. If the lender has a valid claim against you, it can pursue whatever remedies are available under state law. In Wisconsin, that would include wage garnishments. If the claim is valid, the lender could also report accurate information to the credit reporting agencies, although it is not required to report anything.
Whether or not this claim is valid is a question of state law, and you would have to consult with a New York-licensed attorney for advice. Today I received a call from United National Arbitration stating I had two charges pending against me and my case was review by the D. Stated I have till tomorrow a 3 to make payment or case will be sent over to D. Can this really happen??? Besides, defaulting on a loan is not a criminal matter. Unless there are facts to indicate some kind of fraud, the D.
I have received calls for more than 6 months now that are similar to this. I took out a pdl online in I was unable to pay the loan back fully. For months now, I keep getting the same phone calls. Usually, it is within a couple of hours. These people had my correct phone number, current address, last four numbers of the bank account that the loan went into, etc… The options she gave me were to settle out of court right then by setting up a payment arrangement.
I told her that I was uncomfortable giving out any pay information or making payments to anyone that I was not absolutely sure was legally the collector of the said debt. I simply asked them to send me documentation to legitimize their claim. They said that as soon as I make a payment they would e-mail me a copy of the payment plan. I wanted a paper trail showing where and how they eneded up with my account and the authority to collect on it.
She became irate and flat out, ominous toward me. I finally just told her to serve me so that I would at least have some sort of leagal documentation and nothing ever came. He did not want to send me any paperwork and accused me immediately of being uncooperative. So I just hung up on him. I asked for an address and she ignored the question and just said that she would be by to serve me. Typically, calling them back only encourages them to continue calling. If you just ignore them, they should stop after awhile.
I called them to tell them that the loan should have been paid back and they said that whole time I was paying interest on the loan. So at that point I changed by account no. Now today this guy calls me and said his client was reporting me for Check Fraud charges because I changed my account No. So Question is can they report me for check fraud when all i was doing was trying to protect my account? The caller sounds like a middle school kid tattling to the teacher. The debt collector could sue you or can contact the D.
But unless you actually committed fraud and as far as I know, simply defaulting on a loan does not constitute check fraud in any jurisdiction , the D. Keep in mind that I am not licensed to practice law anywhere but Wisconsin, and I do not give legal advice on this blog. For advice specific to your individual situation, you need to contact a local bankruptcy attorney. I am a former employee of a PayDay Loan company and their collection efforts are one I would not do.
I had never worked for a finance company like that so I went in clueless. Quickly I learned that is not a place of employment if you have a heart. Threats are their biggest tool. Get a number and name — immediatly call your State Banking Department and report the call. When the person calls you back inform them that you forwarded their collections threats to you State Banking Department and from that moment on make a note of any call you receive time date persons name and what was said.
It is illegal for them to threaten you with any type of threat. Also they will continue to harass your refences — let each one of your references know when they call them to inform them they do not wish to be contacted any longer and to remove them from the call list. If they continue to call the references you report that as well to the State Banking Department. If they are calling you at your place of employement you can tell them not to contact you there anymore.
Legally they have to stop sometimes it is a good idea to fax to local branch a letter stating no more contact at your work keep a record of that and if they continue make sure you report that to the State Banking Department. Keep in mind that they are only allowed to contact you twice a day. With leaving a voice message once. These companies are audited by their State Banking Departments.
If complaints are being filed against their collection efforts then audits are more frequent cause all complaints have to be investigated. Things happen not everyone is perfect… They are about profit and money with no concerns for the customer. By any means possible. That is their motto. You have rights take a stand. When they do — they become the criminal not you.
The only legal route they can take is a Small Claims that results in a Garnishment. Most states require you to pay the full amount including interest — rewrite the loan — and then return the amount minus the interest.
In most states thats illegal. Check with the regulations in your state — if no roll overs are allowed and you have done that — let the State Banking Department know you have done it with the company in the past. If they want to threaten you with criminal charges they obviously have no concern for you — so why have concerns for them. Keep in mind that the tips provided by theinsidescoop apply only if the caller actually works for the creditor. Many times, these calls come from an overseas call center that have no connection with the original payday loan agency.
These scammers should be ignored, although it is sometimes difficult to determine who the caller works for. If in doubt, call the original creditor not the number left on your voicemail and ask how much you owe and if they have passed the account on to a debt collector. I received a phone call yesterday from a man claiming to be from a law office in Georgia. I was very taken back by this as I did not take out and loans I did apply when money was tough but never received any money or at that even completed an application.
I called my bank to see if there were any transactions at the time of when he is claiming they gave me money and my bank confirmed what I already knew there were no transactions on that account for three months surrounding this supposed incident. I called the man from the law office back and he is now changing his story saying that they probably put the money into a different account but used mine as collateral.
I never had a different account and as well I never had a single payday loan. He says that I will be brought up on criminal charges for this loan and that I should get a lawyer. Im worried about what to do to get this taken care of. I know im not guilty but he is claiming they have evidence and wont let me see the evidence or even tell me what the proof is.
What should i do? Please read the original blog post. These calls are typically made by scammers, hoping to shake some money out of you or your relatives. I took out a online payday loan and missed a payment well it bounced in the acct I only missed it by two days they called and gave me a case number and said I will be arrested by Monday can I be arrested the loan was only and I tried to pay the payment I missed they refused to accept it unless it was and I had to pay a additional next week they said it was theft?
Regardless of what the payday agent tells you, defaulting on a loan is not fraud without other facts to back up such a claim. If you are concerned, you should speak to a local bankruptcy attorney.
In the meantime, you should stop taking payday loans, either online or in person. They are a sure way to get in over your head with debt. Area code was from nc though. Said in we took a cash advance loan on line. She would not give us any information except she work for weistein atterney and was a mediator for fraud She would not give me her address. She would not give me atterneys name and how many atterneys worked there. We asked for a letter stating what is the debt and what is going on.
She said she can not give us any information. She new my husbands full SS number. When I asked for all this information she got mad and hung up. I repeatedly call her and no one would answer. A few hours late a man called from her number and said he had to inform of me he was pressing charges for me repeatedly calling a business. U said you are pressing charges on me for calling a voice mail that know one would answer. He said yes mam and hung up.
I reported to the FTC. They thought it was a scam. I agree with the FTC rep; this sounds like a classic scam. Generally, these people will move on to other targets if you simply ignore them.
I received a call earlier from someone claiming to be a deputy calling me to turn myself in or call a officer in Texas. He called from which I found weird. I also received a call from a law firm a few weeks ago stating I had a warrant over a payday loan that I know I never had. Without some indications of fraud, defaulting on a loan is not grounds for criminal charges or an arrest. They are scammers sitting in overseas call centers, hoping to scare you out of some money.
I typically advise my clients to ignore these callers, but if you are concerned, you should speak to a local attorney. I have a title loan that I recently defaulted on. Can I be arrested for a title loan default? Or are they treated add civil matters? However, the lender may have a valid lien on your vehicle and might have the right to repossess if the debt is not paid.
My mom received a message today on her phone from a guy saying he is a parlegal for an attorney firm in Pontiac,MI working with one of the prosecuting attorneys out in Henderson, NV to handle a criminal investigation case involving me. He says my name has been pulled up on two affidavits with pending allegations of one misdeamenor charge and one felony charge. He says its because the affidavits have had the statute of limitations expire on them.
He is trying to get a hold of me because they have to transfer the dockets back to the prosecuting attorney who is handling the case. He asks that she contact him with a phone number where he can reach me or have me contact him and says she is not in trouble of any kind. He asks that I call by Monday at 5PM and leaves his phone number and a case number. I am confused as what to do. I also just got my drivers license in a new state and nobody mentioned anything to me.
Does this sound like a scam to your or is it legit? Thanks for your help! For advice specific to your individual situation, you need to speak with a local attorney. Generally, these calls threatening arrest are scams. Sometimes the caller will call a parent instead of the target, hoping that the parent will pay before talking with the target. As long as you keep the basic point of the original post in mind, you should be fine: Hi my names brittany recently i filed for a online payday loan they said i was approved an all i had to do was send in for a security deposit so i did rhan a hr later they gave me a call saying it wasent approved an i would get my back well i just got a call stating That i didnt pay The cansleation fee an was being sued with a lawsuit so they said ro resolve it to send them an they resolve The case now they called again saying i need To pay anothed for the fees to resove the Case an if i Didnt in 2 hrs They Will have me Aressted is this true an what should i do?
I hope readers realize by reading these posts that everyone should stay away from online payday loans. I was told that I was going to jail for check fraud from 5 years ago from Advance America. They are calling everyone now all my Friends and family and threatening me.
I then looked them up and found this site so do I keep paying now that I have already paid? Can I stop paying then and be safe? I have no clue what to do now! My sister is calling her creditor and filling charges on them and I am scared to death that they are going to show up. My husband died and I have our daughter and I am all she has now I cant go to jail. And they had us do some kinda Docusign thing? Is that a bad thing I had to sign one every time they set up a payment.
They also said they were from a law firm called Coghens and Powers. The threat of jail makes it sounds like a scam to me. For legal advice specific to your individual situation, you need to speak with a local attorney. Your attorney can tell you if this is a scam or a legit debt collector.
If the caller can be located and is working within the U. He even went as far as to confirm the information to me. They were rude and eventually hung up. I call back and pretended as if I wanted to resolve the issue after researching all of the above stories and confirming it was a scam. Eventually after playing the game with them I told them I had since realized they were fraudulant and hung up.
Even though I felt better a little about pulling their cards I am still VERY afraid because they have my personal information, such as my social and birthdate. They also claim to have my banking information. What should I do? Generally, I recommend against interacting with these people at all.
If you feel at risk for identity theft, you should contact local law enforcement and your local Social Security office. However, if the callers really had your personal information, why would they bother calling you? If they had the info, most thieves would simply use it to steal the money as quietly as they could or apply for credit in your name. She said you are trying to avoid these charges…. I am so confused and not sire what is going on really, is this a scam?
But based on the facts as you have presented them, it has some of the indications of a scam threat of arrest, creditor not reporting to the Credit Reporting Agencies, etc. The only advice I can give is to contact your bankruptcy attorney. BACK in i had move to texas i had bunch payday loans out and i file bankruputcy. I have twins boys i dont want want be stress bout things like that. I am actually with morgan drexon working on payment or settlement pay to get this loans paid off. I need to know what the right thing to do or am i doing right thing.
When these people call leave case number or phone half time i cant get the information i am looking for or someone answer start yelling at who. I change my number to get rid stupid people waste my time trying to solve problem but get the run around.
You cannot be arrested for simply defaulting on a debt. I have a debt collector calling me saying that a check cashing place is wanting to file charges against me for check fraud.
When I ask them for information, they give me a date, time and location of where this took place. They also say that they have video evidence about this. I was not in the state that this took place, and when I ask to see this evidence they tell me that I have no right to see it, that it will come up in court. I find it hard to believe that if there is evidence against me that I am not allowed to see it. Debt collectors and check-cashing places cannot file criminal charges.
They can sue if you default on a debt, but only the D. Usually, the best way to get the calls to stop is to simply ignore them. If you are concerned, I recommend you contact your bankruptcy attorney. Each time they threaten to serve him with felony fraud charges if he does not pay that same day. Do I have the right to ask to be removed from their list of contacts? In this case, it sounds to me like someone is hoping to scare some money out of you.
It usually happens with parents. If the callers are really debt collectors, you should get as much info as you can and speak to a local attorney about possible FDCPA claims. If the callers are trying to scam you, you can either ask local law enforcement to try and track them down or simply ignore the calls.
Last week I received a call from someone American accent claiming to be an arbitrator for the PDL company and they were filing a civil lawsuit and criminal charges against me for Writing bad checks and defrauding a financial institution. They had a lot of my information so I assumed they were legitimate. I had the money at the time was saving for a car and had the cash and gave them my debit card information and they said they would post-date the payment until the following day to give me time to get to the bank to deposit the cash.
They also claimed that I would receive documentation via email that would explain the repayment deal in detail and it would have my information regarding the loan on it.
I did not receive a call back nor the agreement documentation until the following morning at 7am when they tried to run the card. I did talk to the same guy I setup the payment with the day prior, that morning, and explained that I was not comfortable sending payment with something in writing. They said I would either need to pay on the phone or they would send a summons.
I finally told them to send the summons so I could at least get legal documentation of the suit, and the guy hung up on me. This morning around 8: I ignored it because i worked late last night and was sleeping in. Then I recieved a call from the same private number 3 more times all calls 3 mins apart and finally they left a message. It was definitely the same guy I originally talked to but he claims to be an investigator from the public service carriers union, and that they would be out to my house tomorrow with a Police Officer for their protection they claim with a summons, or I could call the arbitration office and pay the debt and they wont come out.
Does this sound legitimate in that they can file criminal charges against me over this loan? The lawsuit I can deal with if I get a summons I can call to make arrangements but these criminal charges scares me. Im in Arizona if this also helps.
The threat of arrest makes it sound more like a scam. If you are still concerned, you should contact a local attorney. I had a similar call yesterday. Al lady by the name of Christie called me yesterday, she had a southern accent and claimed to be residing on the East side. Funny thing is I was keeping in contact with the collection agency 2 weeks prior to her calling which she said was not supposed to be happening because they had forward my case to her.
She then said that CMG had the right to file charges against me for fraud and that there was a pending warrant for my arrest. I did not get to ask her if it was possible to issue a warrant for my arrest when I live in Hawaii and they are located on the mainland. I also found it odd that when I started to get all frustrated and began to cry she told me to not stress over it and that she is a single mother too and knows how hard it can be.
Then I attempted to call her this morning my time which would make it 12 pm her time and I get a recording. I attempt to leave a message but the machine told me three times that it did not recognize a message and to leave one after the beep…This is very frustrating, I thought that it would only affect my credit score. Extra stress about being arrested and a single mom, who will watch my baby?
Why is it so hard for the ones that are actually struggling to be believed when they are saying how much of a hard time they are having. Hawaii is not a cheap place to live. Regardless of what these callers tell you, you cannot be arrested for simply defaulting on a loan. They prey on your fear and count on you being scared enough to just pay without questioning them. The directory at Nacba. Just wanted to clarify that. That takes a great deal of stress off of me.
I will do just that. Thank you for your prompt response. Have a great day. I got a call yesterday i n reference to a PDL that I took out but have not paid back. This original call came from a number that when I called it back I got a voicemail saying it was a company called Landmark.
The first message left on my phone came from a lady who stated that she was with my county I live in with a processing division.