Being Sued By Payday Loan Company

I received a phone call from an Alan O'Conor of Carlsmith Ball in LA, CA representing Cash Advance. He said that my case has been disputed, and that he needs my attorny info. If I don't cooperate, he will be sending documents to my town for litigation. He said that I needed to have at least $250 by this Friday to settle the $530 amount. I know that payday loans are illegal in Massachusetts, and I am willing to pay off the original debt of $250. I told him that the debt could be paid in February, but he would not accept. Any advice out there?

Yes, I have a lot of advice for you because this is purely all BS. I need to do some checking before I open my big mouth so please hang tight and I will return with more info as soon as possible.

So, you have an Attorney from LA calling you in Ma. telling you your case (what case?) has been disputed (by whom?). What type of documents will he be sending to "your town" for "litigation"? Do you smell a rat here because I do!!

If you truly want advice then prepare yourself because I would be most happy to tell you what I would do! What you actually do is your choice, but here goes:

First, NEVER EVER EVER admit to owing a debt over the telephone to ANYone! Whether or not you do isn't the issue here, the issue is; who is this person calling me demanding money for a debt? It could be anyone, it might even be me!! Make these people who call you PROVE they are a legit company representing a creditor!

If you receive a call from a collection agency or a collection attorney tell them they now have 5 days after their first initial contact with you to send you a dunning letter (letter of collection) in the mail! That is the federal law (FDCPA) and IF they are any type of legit attorney or collection agency they will already know this. Until you receive a letter of collection in the mail do not discuss this debt with them, then and only then you can cross that bridge when you come to it, until then, keep a journal of who called you, what they said to you, time of day, name of company, etc., you get the drift. I hope this helps you, you have rights, remember that!

Thanks!

I checked out the company. It seems to be a legit law firm. He seemed reluctant at first to send paperwork, but stated that I will be getting documents after this Friday, because the case will have been litigated in California, and it will be sent to Massacusetts. This does sound fishy now that I think about it. I'm assuming that if a judgment was done, wouldn't I have heard about it already by some type of official registered or certified mail?

Just because they seem to be a legit law firm does not always mean its a legit debt.

You would have to be notified by your county court system via summons and my guess is that isn't going to happen.
If on the very off chance they would, the most this place could do is take you to Small Claims Court, based on the debt, and as most courts systems are backed up, you would probably not even go to court before March, and you said you're paying off what you legitmately owe in Feb. Again, since PDL's are illegal in Mass, which is where I assume you live, this is not going to happen, as this place probably doesn't have a business license.
I would also file reports with your State AG's office on this.

google your state collection laws.a couple of bullet points.

1)this idiot can't call you more than twice a week at the most
2)MA will not enforce or try to enforce a judgement not rendered in MA.
3)pdl's are prohibited in MA,and if this was an internet pdl then i doubt this person can collect on it.

it not only sounds fishy.it stinks to high heaven.as kscornell advised file AG complaints asap.

So you'll be getting documents 'after this Friday?" If I were you, I wouldnt' hold my breath, I'll be VERY surprised if you get any type of written correspondence. I had experience with these bottom feeder collection places, as well; they count on scaring people so badly they'll give financial information over the phone, wire money, or whatever. As Shazzers says, anyone can make a phone call and ask for money. I'd want to see that letter on company letterhead with all of the facts before anyone anywhere gets one penny.

i would like to point out that MA law states that a collector cannot demand payment by phone,or over the phone.basically wait to see if this place does send you anything.if not then.i would look into suing them.btw what number comes up on your caller id?googled them and the site states their jurisdiction,and MA is not on there.i suspect bottomfeeder using a legit law firms name.

I received a call this weekend from some attorney office saying that I owed 590.00 to this payday loan company. I owe 390.00 and it is due 2/1. Person was so rude I couldn't believe they would permit someone like this to use the phone. Spoke with the company that they alleged to be representing and they said they were a fraudlent company that had hacked into their system. Now I feel very uncomfortable because these con artists have my personal information.

Thanks everyone for the feedback. I will keep posted as to what happens. I'm doing the paperwork for the AGs office as I write this. The more I look into this, the more fishy it seems...

SCAM! I called the company number. The VM of the lawyer did not have an Indian accent! I also looked up the number http://800notes.com/Phone.aspx/1-909-895-0005. Here is the company they are claiming to represent http://www.carlsmith.com/Bio/AlanOConnor.asp Don't get scammed!

Good for you !!

I NEED ADVICE BAD!!! I read all these and they all sound similar to my recent encounter 45 min. Ago with a guy who referred to his self as Officer Joseph Newman. I probably 6 mnths ago tried to apply for a Pay Day Loan and it kept saying confirm info. I did so many times but nothing ever appeared. Then on my next cycle of my Bank Statement it said I was -$275 give or take and it said this in two seperate statements neither statement being the same amount. I called the bank to find out what the heck happen and they checked into it and said that a internet loan company had put an amount into my checking account, but before it could clear they withdrew more than they had put in...leavin me severely in the negative. However I only had .35 cent in my account for quite some time so it all seemed very strange. Now 6-8 mnths later (today) I get home and I have a message on my home fone stating (with an indian accent) that this was Officer Joeseph Newman and he was looking for a (my name) he advised me to call him back asap or action would Be taken, so I immediately grabbed the number he left : 214 451 0589 and returned his call. When he answered he said "Hello" which was weird cuz I thought if it was a legit thing theyed state the nbame or something, neways, he cont. To say that I was being sued and if I'd like to settle this out of court "yes or no". I proceeded to ask him if he was a cop he stuttered and said yes I asked him who he was with he said I am Joseph Newman Badge number 191 with the Federal Crime of something. Not the FBI but like FCI it was weird. Then he said Just answer my question yes or no I said well I can't until I know how I would settle this out of court he said you would send the money a total of 572 dollars to him and I said to YOU? And he said no no! The company. Everytime I asked him what company all he said was the internet loan company. He never gave me a straight answer. He then proceeded to tell me that (when I said I was going to my bank to fig. This out) I had no time to do that, I have to appear in court this coming Monday (its friday now) and that I should get an attorney. Oh and when I first called and he told me I was being sued he asked for my attorneys info... When I asdked him what Court I was going to have to go to he said: "I am writting this as a refusal and sending it to -i couldn't understand what he said- and the FBI. He said I will receive my papers tomorrow morning and I asked how he said do u live at -which is my 911 address- not my mailing address. I told him I dnt get mail there so how will I get my Affadavite(which he read me at the beg. Of the covo he also called.me a suspect of investigation) he said is ur email ____ and I said yes he then said ull receive the letters on ur email bby tomorrow morning and he said bye and hung up. Please help. Me I think its a scam but idk. I culdnt find the FCI or his number. HELP!

IT IS A SCAM! Report this to the FTC, BBB and your AG. Next time he calls tell him to kiss your hiney!

I believe in my heart this was a scam because last night I called the "Officer" back and it went straight to what I considered it a cell fone voicemail. It said You have reached extension 141 leave a message after the beep press # for (another menu) or something. Then this morning when I called it went Do Do Do, All circuts are busy now plz try ur call again later. So now I'm almost positive this was a scam. I mean have u ever seen an Indian dude with a white guys name? An OLDER Indian man with a white man name? I never have. I'm calling bullcrap on this one!