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i have debt collector who sent me emails, saying they are fowarding my file to the D A office, also sent me a email saying the are considering grand theft,also misrepsent himeslef to my dad saying he was friend of mine and gave me 400 dollars. can i persue leagle action?

Posted: Fri Aug 03, 2007 8:53 am Subject:

Welcome to the Community Mike Very Happy

What company are you dealing with? Is is for a credit card, pay day loan? We can direct you in the right direction if we know who you are dealing with. Why are they saying you commited grand theft- that sounds absurd to me. They will threaten all sorts of things. Keep notes of everything they say or do, mis-representing themselves is certainly not legal..KAren but I am not an attorney!

guest · Posted: Fri Aug 03, 2007 9:07 am Subject:

it was a padayloan, for paycheck now, i dont know , i guess they are trying to scare me, the have never sent me anything in writting , Sad

Posted: Fri Aug 03, 2007 9:13 am Subject:

You are right, they count on scaring people into paying or giving their bank info. Tell us your state so we can tell you what the state laws are..Karen

Posted: Fri Aug 03, 2007 9:17 am Subject:

They are DEFINITELY trying to scare you. Defaulting on an internet payday loan is not illegal, and for them to threaten you with illegal claims is illegal in itself. Save the email, and you can report them to the FTC, as well as filing a complaint with their state's Attorney General's Office.

guest · Posted: Fri Aug 03, 2007 9:17 am Subject:

i live in Florida

Posted: Fri Aug 03, 2007 11:57 am Subject:

Did the collection agency validate your account? They must prove their authorization in writing before they are allowed to collect on your file. Read the FDCPA laws and be aware of your consumer rights. If they are violating the collection laws, you can sue them in the court with proof.

guest · Posted: Fri Aug 03, 2007 12:39 pm Subject:

never sent me anything just the phone calls

Posted: Fri Aug 03, 2007 3:48 pm Subject:

Save those emails and print them. That's all you need when you decide on suing them for violations of the FDCPA. I can't believe that some CAs are that stupid. As to the DA, tell them to go ahead. It will probably cause them more harm than good. Consumer debt is a civil issue, not a criminal one.

Posted: Fri Aug 03, 2007 5:33 pm Subject:

Law student is right, save everyting they send, and if you speak to them, tkae notes and dates. Here is a link for Florida' pay day loan laws at http://www.paydayloaninfo.org/state_detail.cfm?id=FL Hope this helps! Don't let them get to you, one of their mottos is-if you can make them cry-then they will pay!!..KAren

Posted: Fri Aug 03, 2007 8:58 pm Subject:

since you are dealing with an illegal operation, it only makes sense to get as much as you can against them.

1--are they licensed to do business in your state? Chances are, they arent, because most of these companies are not. This is a violation of your state's laws, possibly, you need to check with your state regs to make sure.

2--read up on the FDCPA--over and over again. This is a federal law that governs how collection companies must operate, and lists out things they cannot do under the law. Threatening to press criminal charges against you is a big fat no-no, according to this law. They cannot have you arrested because it is a civil matter, not a criminal one.

3--with payday loans, we normally see way over-inflated costs. You take out a $300 loan and they push and push until next thing you know, they claim you owe them a thousand bucks. Each individual state sets its own laws regarding the maximum amount of interest that a lender is allowed to charge on a loan. Check with your state to find out more.

You are on the right track with documenting everything. Print those emails out. Inform your dad that you will want him to appear as a witness on your behalf, because when you sue them, you can have your dad testify about the contact they had with him. Per the FDCPA, it is 100% illegal to pretend to be anyone other than who they really are in the process of collection efforts, and it is also illegal for them to discuss any portion of this matter with someone whom they have found to be a third party--that is, someone other than them and you. They told your dad that you owed a debt, that is illegal.

Seriously at this point, I think you have enough to sue them. Also, contact the FTC and your state's AG office about them.

1--illegally discussing a debt with a third party

2--threatening to take action that cannot actually be done under the law.

3--pretending to be someone other than a debt collector in the process of collection efforts.

4--failure to properly inform you of your rights in regards to this debt within 5 days of initial contact with you.

These are all violations of the Fair Debt Collection Practices Act. Each one carries with it a penalty of $1000.00 plus actual damages, if any. That penalty is payable to you, from them. So, go to naca.com and look up an attorney in your area....and sue them. Let them pay you $4000 plus attorney's fees for this. Seriously.

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