If you actually owe the money, you may be sued, but not arrested. Seems to me, if this were legit they would have our address. Can this really happen??? I was completely unaware of things like this happening but your website helped to clear up a lot of questions I had. Al July 15, at 5:
Payday loan companies have a new debt-collection tool: Texas courts and prosecutors.
What happens if you default on payday loans? Date: Fri, 09/05/ r_arenivas. i borrowed and have paid 85 week for the past 3 months! i dont know what happens if i default with them because when i initally got the loan per their policy, i gave them 2 personal checks one for the loan amount and one for the finance fee in all they. Oct 12, · All About Payday Loan Default. See Payday Loans to learn how to handle payday loan collections. See the in-a.ga payday loan resources for California, Florida, Illinois, I am in Texas and have several payday loans out and have defaulted on all of them several months ago due to job loss and other misfortunes. I have tried negotiating 4/4(7). If I Don’t Pay My Payday Loan Will I Go to Jail? If you have defaulted on a payday loan, or are concerned that you will default on one in the near future, you may be concerned that you will go to jail for not paying the loan. This is not true. Waco, TX .
Debts that are not yours. Errors on your credit report. Your first name is required to be at least 2 characters.
Your first name cannot be longer than 50 characters. Your last name is required to be at least 2 characters. Your last name cannot be longer than 50 characters. Your 10 digit phone number is required. Your age must be between 18 and Your age must be greater than Your age must be less than I agree to the terms below. Get Help Contact Me. Consent is not required as a condition to utilize Lexington Law or Debt. You can learn more about Steve, here. Check 'n Go epp extended payment plan.
Dave June 5, at 3: Steve Rhode June 5, at 5: Medley July 27, at Steve Rhode July 27, at 1: Dee February 5, at 7: Al July 15, at 3: Steve Rhode July 15, at 3: Who specifically threatened you? Al July 15, at 4: Steve Rhode July 15, at 4: This is what i found so far….. Al July 15, at 5: Only Prosecutors or U. Attorneys can pursue you if they believe that you have committed a crime.
However, virtually every Prosecutor knows that not paying a pay day loan is not a crime and will not even attempt to prosecute you.
They will threaten to contact them in an attempt to scare you into paying. It is not a crime to not pay a pay day loan. The reason it is not a crime not to pay a pay day loan is because the creditor knew that you could not pay the loan when the loan was made! Otherwise, you would not be borrowing the money…. If you are concerned about a payday loan in default, bankruptcy may be the best solution.
Not only will filing for bankruptcy cause all collection efforts by creditors to cease immediately, but it can eliminate most of your debt and provide you with a fresh start. Call for a free initial consultation in either our Waco or Killeen office — and we will be glad to help you get rid of your pay day loans and get started on your fresh start. Your email address will not be published. Great job working with us and for us! Kept us informed every step of the way on what was happening and what we needed to do.
They worked diligently to save our home for our family!! When presented, the lender knows that the funds are not there to cover the check. There is no intention to deceive or assertion that funds are available and that the check will be honored.
State laws vary, but this is the general rule. He said he was contacting me today in regards to a document that he received here through Bristol County. Unfortunately the documents have my name and social security number on then and so they have been red blagged by the attorney pending this call.
Unfortunately they do have a direct request of a signature so he will be stopping by my house as well as my place of employment over the next 72 hours, I have roughly until about 5: Upon his arrival, if i could show him identification as well as a witness present. You have been given notice. Is this real or is it a scam? Please help, very worried. All I can do is give general information that you can use to decide if you need to contact a local attorney.
If you are sued, you may be visited by a process server. Process servers do not typically call ahead, you do not need to show identification to be served, and witnesses are not required. Furthermore, process servers do not have the authority to place you under arrest or take you anywhere.
They simply hand documents to you. Hello- I received a call from an individual who was american statind I took out an internet loan in from CashNet USA and I have until 6pm today or the file will be released to by state for processing.
He said I have felonies pending, check fraud, and internet wire fraud. Can these sort of charges occur from an internet company, I thought these were civil matters? I did have a loan with them but I thought I paid it off, I cannot remember. You are correct; such loans are civil matters, unless you actually took them with no intent to repay or somehow fraudulently induced the lender to give you the funds.
CashNet may pass its file off to a debt collector, but county District Attorneys rarely if ever pursue criminal charges in these cases. If you receive a lot of these calls, I recommend you speak with a local attorney. So i have received a few calls now from a man by the name of Christopher Anderson who says he is a criminal investigator and that i am being charged with check fraud, bank fraud, and wire fraud.
He is calling me from a texas cell phone number but claims the law firm he works for is Goldstein and Barone in New York. When i googled the law firm it comes up with a bunch of comments how this is not a legit company and that its all fraud. He also has a hotmail or gmail email address. I called the bad check unit of the state i live in which is not texas or new york and neither of them have anything recorded under my name.
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.