But I doubt that the scammer has your SSN. I recommend you speak with a local bankruptcy attorney for advice specific to your individual situation. This is Civil Procedure in Law School If complaints are being filed against their collection efforts then audits are more frequent cause all complaints have to be investigated. You have options such as settling the debt for less than you owe or filing for bankruptcy if your debts are overwhelming. I called back about 12 times and left on their voicemail.
If you have been contacted by a company threatening to arrest you for defaulting on your payday loan, chances are it is a scam or fraud. No, you cannot be arrested for defaulting on a payday loan. However, if you are sued or a court judgment has been entered against you and you ignore a court order to appear, a judge may issue a warrant for your arrest. A payday loan default can lead to a barrage of bank overdraft fees, constant collections calls, damage to your credit scores, a day in court and garnishment of your paycheck. Don’t think it can’t happen because you borrowed only $
Payday lenders are routinely turning to the courts seeking criminal charges when borrowers don't have the funds to repay their loans on time, a report from Texas Appleseed found. Such charges can lead to arrest or even jail time if the courts decide to pursue a case. Appleseed analyzed more than 1, criminal complaints filed by more than a dozen payday lenders between and mid Yet it says these are "just the tip of the iceberg" since it only examined public records from eight of the state's counties.
Payday lenders throw millions at powerful politicians to get their way. In one Harris County court precinct, for example, nearly half of the criminal complaints resulted in the issuance of arrest warrants and six people served jail time because they could not afford or did not want to pay the court fines that were tacked on top of what was already owed.
This is despite the fact that the state's constitution states that "no person shall ever be imprisoned for debt. Payday lenders have been able to get around the laws, however, by using the state's "bad check" and "theft by check" laws and arguing that delinquent borrowers are committing fraud or theft.
Here's how it works: When the loan's term ends typically after a few weeks , the borrower can allow the check or debit to go through or roll over the loan into a new one, which leads to additional finance charges. Debt collection horror stories.
In cases where the borrower does not roll over the loan or have enough money in the bank to pay off the balance, lenders then cash that post-dated check or debit their account for the amount they are owed. I thought it was paid. She said her name. She told me that she would contact the collector to see if we can settle today in an amt. I should know better, I use to work for a Criminal Prosecutor. I just want to know if this is a scam? I put in the company online, and there is scam from this but for other reasons.
I really feel that this needs to be posted, and I feel that this is not acceptable. What do you think? You could be charged criminally if you were bouncing checks, but then you would be charged by the District Attorney, not a debt collector. To me, this sounds more like a crook trying to confuse you with jargon and official-sounding terminology. See my answer above to Melissa. About a month ago I got a call from a guy named Tony from Graves Lafeyette saying that I defaulted on pay day loan in After being harassed I agreed to pay on it, but after researching the company online I found that they were not very reputable so I did not pay.
Yesterday I get a call from the clerk of courts office saying that if I did not call Graves by 4 that they were charging me with check fraud. I said I did not have it. He said ok I am filing then 2 hours later he calls sounding very muffled from the police department saying that they just issued an arrest warrant for check fraud.
Is this a civil matter or criminal? Check fraud is a criminal matter, not civil. It may be different in other states, but I doubt it. To me, this sounds like a scam. They hope to scare you into paying. The above is general information only, and should not be seen as legal advice.
The only advice I will give in this situation is to contact a local attorney. I received a text message instead of a harrassing call. Wanted to speck with you prior to filing claim in Los Angeles County, there is a settlement option available. We need to get resolution in a timely manner before claim is filed and processed. Give me a call or reply here for payment options available.
Most of the scams involve a threat of being arrested. To me, this sounds like a debt collector offering to settle before suing. The problem with many debt settlement or debt assistance programs is that your creditors may still sue you if the company does not successfully negotiate a settlement. If they reach a settlement, great.
As always, none of this should be construed as legal advice. I received a very threatening phone call from a man, who stated he was a private contractor when I asked what comany he was from. He then gave me a phone number and claim number to call.
I made a few payments to them, and then lost my job. My checking account was subsequently closed due to the continued negative balance. Is it possible for them to bring me up on fraud charges? Just wanted to get your opinion, as it seems like I am not the only one who is going through this. No, private debt collectors cannot charge you with a crime.
They can file a complaint with the local D. If you truly owe the debt, the creditor can sue you, but not charge you criminally. Absent extenuating circumstances, defaulting on a loan rarely rises to the level of fraud. These calls are usually made by scammers, hoping to scare some money out of you.
If you are worried that it might be legit, ask for a mailing address in case you decide to send a check. But the best advice for the scams is to ignore them.
Because I cannot give legal advice over the Internet, I recommend you speak with a local attorney if you want advice specific to your situation rather than general information. Now why in the world would a company in Alabama be calling to file charges on someone in Texas hummmmmmmmmm. If they are persistent or if you feel threatened, you should contact law enforcement immediately. I hope you laughed at him. Those people are like sci-fi creatures that feed on fear. Bret, Not sure this web site is still active?
I recently got married and a man called my Husband today, stating they are issuing a warrant for my arrest on theft ect: I thought I paid. The guy then called my work making the same demands had all my info SS ect past address.
The other a man called me, american accent. Asking me to verify my address so he could read me my charges. I asked him, what charges? He said I had to call a number to find out my charges, and he would call me back in minutes. I took my story to the police, they said I would have to get something in the mail, and to not worry about it and ignore the number. I am still a little nervous. But even if this is the case, the worst the legitimate creditor can do is sue you.
You cannot be arrested for simply defaulting on a loan. Arrests and criminal charges are reserved for those who obtain credit they do not intend to repay. Threatening arrest is a typical tactic used by scammers and unscrupulous debt collectors to frighten debtors into coughing up a bit more money. If you truly owe the debt, the creditor can sue you, but cannot have you arrested. Of course, this is only general information and should not be construed as legal advice.
For legal advice specific to your individual situation, you should contact a local attorney. No, you cannot be arrested for defaulting on a debt. You may be sued, but not hauled off to jail. Many of the callers claiming to represent creditors and threatening arrest are scammers hoping to scare some money out of you.
Is it legal to recieve text messages from payday loan companies? Can they threaten to talk to other people about your debt, like my employer and HR department? I am unaware of any law that requires one to disclose a bank account number to anyone over the phone. I just received a call from a so called mediator from a number. When I mentioned I would consult with my cousin who is the deputy district attorney for Los Angeles he got irate and told me good luck because I was going to jail and hung up on me.
Thanks for sharing your story. Of course, actually writing bad checks is a different story. But criminal charges typically arise only where there was an intent to defraud a creditor. Or just laugh at him; they hate that. I have been reading everyones comments they have been very very helpfull, i have been getting the same calls from very high end CAlifornia office saying i wil be arested tommorow at place of employement and thia creditors have called my job, im afraid im devorced mother of 2 who just got employment.
Can this really happend in NY i defoulted 3 years ago on the payday loan. But I still have not heard of anyone actually being arrested for defaulting on a payday loan. Lots of threats by scammers, but no actual arrests by law enforcement. I called back at The stated that i would have no bond and I will have a court date on Jan 2nd and I will be sentenced to 8 months in prison.
I was very affraid I still am! I kept the guy on the phone I asked him for documents he stated that he could not release the contract it is evidence all he could send me is a email of the letter demanding payment. He emailed it to me and it looks like a invoice that is demanding money. I notice this letter did not mention any jail time at all nor does it say say anything about Jeffery being the Cheif procecutor requiring payment in lieu of my arrest tonight.
I filed chapt 13 Bankruptcy on this loan and the bank inwich the checks where written out of on this loan in ! I am still in Bankruptcy now until Oct Jeffery stated that this is a Federal loan that I cannot file bankruptcy on! And that alot of people think that they can and per this contract I signed that is now considered state evidence it states that after 4 years the money is reported stolen and that is what makes it a federal offence because I stole the money and committed fraud by giving false information to obtain the loan!
I asked him haw did I steal the money and you had all my information and that you tried to garnish my wages inwhich prompt me to file chapt 13 in the first place? He again referenced this loan as a federal loan since it had not been paid off in 4 years and I had not made a payment.
I said you had to receive payment because the chapt 13 had to send you payment. And they would have told me if I could not enter this oan into the bankruptcy. I told him that it is no way I have that type of money on hand to give to him with no documents stating that my bankruptcy did not cover this! I said ok, and tomorrow I will be in my Bankruptcy Attorney office seeing if they can have me arrested……..
I will let you know how this goes. The smartest thing you did was to contact your attorney. These scammers can be quite convincing, but they are just blowing a lot of smoke.
I doubt that Mr. I just got the call. I live in PA the phone number calling was listed in California So you know one of the numbers to look for, What a [expletive deleted]. While I generally advise against engaging with these people at all, it sounds like your method was effective. Just want to know if they could charge me for that for a payday loan and is this a scam to get me to pay money over the phone. They are saying that I will have three charges brought against me: I did in fact contact the FTC and they essentially told me not to worry about it and that it was written exactly like other scams they are aware of.
Also in googling this, I found that the same exact email but with different contact phone numbers than the one on mine. I am curious what your opinion of this email is.
Does the federal government actually red flag ss numbers? Can I really be charged with these things? But it sure sounds like one to me. Lenders can sue in small claims without hiring a debt collector. Washington law may be different than Wisconsin law in this regard. I recommend you speak with a local bankruptcy attorney for advice specific to your individual situation. If you are charged criminally by the D. Your advice is so helpful. I have a situation where a company by the name of Office of Federal Processing call me several times a day harassing me.
I told her she should have talked to me first. This happened a couple of days before Christmas so that ended up being my gift. What would you advise me to do? The main thing I want is for them to stop calling my family and disclosing all of my business.
Most of the scams are overseas and nearly impossible to reach. But if this outfit is in the U. You should contact a local bankruptcy attorney. As with all of these situations, I advise you to speak with a local attorney. However, as a matter of general information, such calls are typically scams or prohibited collection practices. Debt collectors do not have the power to arrest you for nonpayment. In cases of check fraud, the debt collector may refer the matter to the local District Attorney, who can file criminal charges.
But the debt collector has no standing to file criminal charges himself. I received a phone message today stating that they were going to file a fraud charge against me, presumably for a payday loan I could not pay, when I lost her my employment. We were also informed they had called my previous employer and left a similar phone message, not even recognizing it was a business.
They called my in-laws and said they were from the summons department in our county where we live and they wanted to talk to me before they proceeded with a case against me and arrest. Strangely, I noticed that the phone was unknown. Seems to me, if this were legit they would have our address. If this had been from the courts in our area, the number would also have been listed. Their message said to call this number and extension but they never even identified the company that was supposedly doing this.
I lost my job and income. I cannot pay this at this time. Should I call these people back? It certainly put a lot of fear in me until I thought about it a little bit.
They can sue by filing a civil complaint. I have a question. Me and my wife took a payday title loan. And ive been unemployed the past 2 months. Im days past due. So the loan is in default. And the repo guy came to get the car but I dont have it anymore.. He repo guy said I can get arrested for grand theft auto. Is this true or will they take me too court. I was told its illegal for them to use threatening scare tatics.
So take anything he tells you with a grain of salt. Disposing of collateral may result in you being liable for damages for conversion in a civil suit, but it would be rare for such a thing to rise to the level of theft or criminal fraud. Take advice from a local attorney, not the guy who makes his money by taking your car from you.
When you speak to your attorney, be sure to detail what the repo agent said. I was past due on a payday loan so an atterney sent me a letter that the company is issuing a warrant for my arrest and that I may be seen on crime stoppers can this happen. As you can see from the other comments on this post, debt collectors cannot issue a warrant for your arrest. They can sue you, but they must go to the District Attorney if they want to have you arrested.
I have had this problem since last year. I had to close and reopen my account I had to pay never have gotten my money back. Then the phone calls start saying I defaulted on my loan and the sheriff was coming for me. Then it went to I had 24 or 48 hours to contact or I was going to be arrested.
They call my house my job. They are forgein with American names. I had to flag my ss and turn it in to the creditors. They have my information!!! 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 told me himself about the forgein people with the American names, said he has heard about them.
I ask him who he worked for and could I have the companys name contact info. He only gave me a name something I have never heard of. He stated he had no contact info.
I have no idea how to get rid of these people! I have turned it in to the attorney generals office but they continue to call. I am afriad they will get into my account again. I want it to stop! This sounds more complicated than the typical phone call threatening arrest unless a payment is made. In my opinion, you should contact a local attorney as soon as possible. I recieved a call form a man in Chicago. He said i would lose my drivers liscense and be prosacuted for bank fraud.
He told me they have to get the money now because time is running out for them to collect. Thay called my employer and said they were trying to serve me with legal documents. He said i could make payments so he wanted If i didnt call him back today it was going before a judge and i would be arrested.
In either case, my only advice is to contact a local attorney to help you decide if you should file an FDCPA claim, contact the appropriate law enforcement agency, or simply ignore this caller. To reiterate my main point, you cannot be arrested for merely defaulting on a payday loan.
Debt collectors may sue you, but they cannot file criminal charges or order the local police to arrest you. He is in Louisiana and said this is going legal and I could be arrested and he needs my attny.
He gave me the debtor name of American Cash. Never heard of them. Says there will be a warrant out for me because he is a legal firm. Could not find this law firm anywhere in LA. As a matter of general information, keep in mind that you cannot be arrested for simply defaulting on a payday loan. You can be sued, but not arrested or charged with a crime. Of course, fraud is a different matter.
If you took out a loan with the intention of never repaying it, the district attorney could charge you criminally. The fact that this caller says he works for a law firm means nothing. I am getting the same thing. I get a call and I do have a legitimate if you look it up it says another company but if you call back you do get same person with a foreign accent.
They ask if a sheriff has been to my door. They have my last 4 of social security, address, drivers license and bank name. I hung up on him but he keeps calling back from same what do I do. Ask if you should bring a toothbrush.
As always, this is just general information and is not intended as legal advice. For advice specific to your situation, you should contact a local attorney. ID just like to say thank you for this online article.
Then hung up and i havent heard a word since. I got a call from a local number this morning stating that he was a courier for the county and sheriff and had papers to serve me but only had my place of employment but would rather meet me at my home address.
He gave me a number to call and to give them my home address and then that company would turn around and fax him my home address and once he received that fax that he would call me so we could set up a time for him to meet me at my home.
It just seems sketchy to me and scares me! Thank you so much for any advice you have! I greatly appreciate it!! I only give general information online; for advice specific to your situation, you need to speak with a local attorney. I only give advice to clients. I think your instincts are serving you well. If the caller were a legit process server, he would have your home address.
It sounds to me like this caller was just putting a new spin on an old scam. Please keep in mind that I do not give legal advice online. I only give legal advice to my clients; anything written here is simply general information that is not intended to be advice specific to your individual situation. In general, a bounced check that was presented as security for a payday loan is not a criminal matter.
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.
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Can you be arrested in Texas for defaulting on a Payday Loan? A collection company is calling me threatening me with this at work and at home, telling me I will have to pay a big bail amount to gt out of jail. Can You be Arrested for Defaulting on a Payday Loan? keep in mind that you cannot be arrested for simply defaulting on a payday loan. You can be sued, but not arrested or charged with a crime. i have a payday loan out that i cannot pay. i lost my job recently to no fault of my own. the lady said i have three days to pay it or a warrent. Can you be arrested for a payday loan? Some payday lenders use aggressive collection practices on those customers who fall behind on payments. They even threaten legal action and have you arrested.