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Lil Bit · Posted: Fri Feb 17, 2006 11:17 am Subject: Multiple Returned ACH Debits

I received a phone call stating that since I had 6 returned ACH debits (all from the same company because they decided to run them through that many times), they had the authority to issue 6 misdemeanor warrants and send an officer to my job to arrest me unless I paid the debt immediately. Is this possible?

Posted: Fri Feb 17, 2006 11:49 am Subject:

I believe no legal actions can be taken without court orders. If the company intends to take any legal actions, they will knock the court instead of threatening over the phone. And, you can't be sent to jail for not paying the debt. The company is trying to intimidate you in paying them. Do not get tensed. Hire a lawyer for dealing in this matter.

Posted: Fri Feb 17, 2006 12:46 pm Subject:

Lil Bit

Welcome to the forums! Pretty much what David has told you is true. You can't get arrested for payday loans. It's unsecured debt, basically. Do you mind sharing your experience; what company did you apply for the payday loan through, and what collection company is contacting you?

Let us know if you have any other questions.

Regards-
Mike

Lil Bit · Posted: Fri Feb 17, 2006 1:17 pm Subject: Multiple Returned ACH Debits

I received the loan from National Money Store for $225 & 56.25 finance charge. I received 2 voicemails at work this week from a company called Bergen-Boesch. When I returned the call, the lady told me that they are a company that handles multiple returned items and that I now owed $650 (for my account being debited 6 times unsuccessfully and $150 in return check fees). She said that they were going to issue 6 warrants and notify my job that an officer was coming to arrest me if I didn't pay the debt by Friday. She also said that I would have to post bond and have these misdemeanors on my record. Of course I freaked out and told her I would see what I could do by Friday. But the more I thought about it, I got confused, because before the voicemails, I hadn't heard or received anything from National Money Store asking me to pay the debt that I know I owe.

Since this forum is so informative, I decided to ask for some advice, since I didn't have an attorney that I could call.

Thanks-Lil Bit

Posted: Fri Feb 17, 2006 1:25 pm Subject:

Lil Bit

Is this with a local "walk-in" payday loan place. The problem with ACH's is that it can be ran through multiple times. Usually most payday loan companies will make 2 attempts each payday, in hopes of getting at least 1/2 of the money back. If it were an actual check, it can only be ran though twice. Have you tried contacting the original creditor and explaining your situation? Letting them know of the reasoning behind not paying back the loan, and making sure they're well aware that you're not hiding could put them at ease. They might even be willing to remove the NSF fees. Please let us know of the outcome.

Regards-
Mike

Posted: Fri Feb 17, 2006 3:18 pm Subject:

I also agree with Mikey. Most of the time, the original creditor is not aware of the harsh collection tactics used by collectors. If your debt is not sold to third party agency, you will be able to make payment arrangements with them and won't have to deal with the collectors. Chances are that the debt account is still with the original lender. I would have definitely liked to make this arrangement with the lender.

Posted: Fri Mar 10, 2006 9:12 am Subject:

does anyone know how they are in regards to setting up a payment plan of some sort? i have a payday loan with them and wont be able to make payments anymore. also are they willing to work with T&C?

Posted: Fri Mar 10, 2006 11:36 am Subject:

fka22,

Let your counselor handle them. Have you talked with your counselor about this payday loan company? No lenders will show interest to work with consolidation companies; it depends upon the efficiency of your counselor to get it approved. Keep us posted.

golfergirl · Posted: Wed Mar 22, 2006 10:38 am Subject: Bergen-Boesch

Can someone tell me more about Bergen-Boesch? She just left me 2 voicemails and told me to have my attorney contact them. I called her and she said they were going to have me arrested at my job, and charges filed in Indiana for a payday loan I did not repay. her name was Evan Webb and she said she was an attorney. If anyone has any information on these people please let me know

Posted: Wed Mar 22, 2006 12:00 pm Subject:

Bergen-Boesch
17117 Westheimer Suite 32
Houston, TX 77082

They are listed as a Collection Agency with BBB and holding unsatisfactory record. Be assured that no one can arrest you for default payday loans. If creditor wants to sue debtors, the case goes to civil court, so no one will come to arrest you.

Ask for validation. They will pretend to be attorney, tell them that they are listed as Collection Agency with BBB, so they must validate the debt. Meanwhile contact your lender to know if they can accept payment directly from you.

Also check if the lender is licensed to do business in your state or not. Keep us posted.

golfergirl · Posted: Wed Mar 22, 2006 12:56 pm Subject: Bergen-Boesch

So you are telling me that they are falsely identifying themselves as attorneys. She refused to fax me the affidavit she said she had in her hand, and she said that would be delivered to local district attorney and he would have the sheriff deliver papers to me either at work or at my home on Friday. She said she is from Houston TX and said she is currently working with a local attorney where I live but she would not give his name. What are the chances this will ever go to civil court?

Posted: Wed Mar 22, 2006 1:23 pm Subject:

golfergirl

You have nothing to worry about. You will not be getting arrested. Most collection companies are owned by an attorney, who think they can make more money this way by threatening people and hiking up fees.

The next time you're contacted by this company, tell them you are no longer wishing to speak to them on the phone, as you're awaiting your arrest, and hang up! Your local Sherrifs office is much too busy to come out and arrest people for situations like this.

You simply let a mistake happen, and the repayment wasn't processed. If situations like arrest for bouncing a check were legal, then 1/2 the world would probably be in jail.

Chances of this going to civil court are very slim. I do however recommend that you get this paid off as soon as possible, as it can hurt your credit file.

If the treats from this company persist, make a complaint with the BBB, and the AG's office.

Regards-
Mike

Nydia · Posted: Thu Mar 30, 2006 8:08 pm Subject: Evan Webb

I just got a call this Evan Webb also she ask me to Western Union the moeny to Bergen Boesch with she said was a person not a company (her exact words) or that they would come arrest me at my job. She said she counldn't tell me the name of the lender.

Posted: Fri Mar 31, 2006 11:44 am Subject:

Nydia,

This is not the right process of debt collection. FTC has set certain rules for debt collectors and they should follow these rules. Otherwise they become vulnerable to punishment-

http://www.debtconsolidationcare.com/fdcpa.html

Validation is must. Collectors should always identify themselves clearly and should inform you which account they are collecting. Send them a written request for validation via certified mail with return receipt requested. Once they receive it, they cannot start collection process without validating the debt.

Emma · Posted: Fri Apr 07, 2006 9:29 am Subject: Geneva Roth

Does anyone have the number to Geneva Roth - I got a payday loan from them a couple of weeks ago and have now misplaced the number?

Posted: Fri Apr 07, 2006 9:39 am Subject:

Emma, try Geneva Roth at (816) 421-7800. Hopefully, you will get someone at this number.

Do you have anything in writing from the company? If so, you might be able to locate their contact information in the contract.

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