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Help Call and Arrest threat California

 
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PostPosted: Tue Sep 25, 2007 7:10 pm Subject: Help Call and Arrest threat California

I received a phone call a Travis Watson claiming to be from a Business called Litigation of theft Arbitration
from Texas. he told me that my daughter would be arrested in a couple of days if she didn't pay 722.00 dollars on a 150.00 dollar loan in which 66 dollars was already paid. This was a payday advance from cashnminutes. this was very detressing for me, as I was just diabled from work today for too much stress and this man stressed me bad. I was scared that my daughter would be arrested and have a record that would ruin all of her dreams of becoming a Teacher after all the time she spent in College and working. Can someone tell me what I can do? Thank you Donna

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PostPosted: Tue Sep 25, 2007 7:15 pm Subject:

Donna,
Was this a Paydayloan? And you are in California? If so, this man doesn't know what the law is in our state, as you CAN NOT be arrested for defaulting on a PDL in California. You can read the law for yourself on the California.gov website and look for the deferred deposit law. You can also go to Paydayloaninfo.org and click on California to get the law.
Your daughter also has the right to get this debt validated, which means they have to prove she owes the money. The next time they call, ask for a maling address and send a debt validation letter, asking them to prove that she owes it.
Good luck and let us know what happens, OK?

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PostPosted: Tue Sep 25, 2007 7:18 pm Subject:

Oh my goodness! I heard the name Travis Watson and his ridiculous threats just a few days ago! I cannot believe he is saying these things! What a terrible thing to call and say to someone's mother! Donna, please do not stress over this man. He CANNOT do ANYTHING!
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PostPosted: Tue Sep 25, 2007 7:22 pm Subject:

Eleroo,
This isn't Bass and Associates crawling out from under a slimy rock, is it? Is this a new DBA for Bass?

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PostPosted: Tue Sep 25, 2007 7:23 pm Subject:

We had a post about this "Litigation of Arbitration Office" the other day. I tried to look them up but there is no info...the name itself makes absolutely no sense.

Relax and this guy is using some serious scare tactics.

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PostPosted: Tue Sep 25, 2007 7:25 pm Subject:

I'm not sure kscornell, but it wouldn't surprise me one single bit. They are the worst of the worst from what I understand. I thankfully haven't dealt with them myself, but know that plenty of members here have.
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PostPosted: Tue Sep 25, 2007 7:27 pm Subject:

I thought I recognized the name and MO from another post.
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PostPosted: Tue Sep 25, 2007 7:27 pm Subject:

"Litigation of Arbitration?" That's like saying I'm from the office of Prosecution of Lawsuits....if you're in arbitration, don't they have to tell you first??????
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PostPosted: Tue Sep 25, 2007 7:29 pm Subject:
Latest Blog Post : Groceries....How to Save $$!

Guest -

here are the things a payday lender CANNOT DO TO YOU:

-have you arrested
-have you put in jail
-force your relatives to pay your debt (or you to pay theirs)
-take your car
-take your home
-have your kids taken away
-have "25 people at your door in 5 minutes to 'process' you"
-"download affadavits for your arrest"

These are all threats that have been used by payday lenders in an attempt to get money from borrowers. Usually, the companies using these threats are operating illegally - the legal ones know better than to use those threats.

Here's what an illegal lender CAN DO TO YOU:

-drive you crazy with phone calls day and night, at home, at work and on your cell phone
-send you hundreds of threatening e-mails (though they're careful about it, because that constitutes proof in writing of their threats - they like verbal threats on the phone much better)
-hound the references you listed on your application
-continue to empty your checking account with their fees and interest every payday unless you STOP THEM

Now - keep in mind that companies threatening to arrest you, put you in jail, etc. are most likely illegal. The way to find out is to review the payday lending law for your state, file a complaint with the authority over that industry for your state, and search the licensee database for your state to see if they are licensed.

Here's the payday law for CA:

Quote:
California State Information

Legal Status: Legal

Citation:
Cal. Fin. Code ยงยง 23000 to 23106

Loan Terms:
Maximum Loan Amount: $300
Loan Term: Max: 31 days
Maximum Finance Rate and Fees: 15% of check
Finance Charge for 14-day $100 loan: $17.65
apr for 14-day $100 loan: 459%

Debt Limits:
Maximum Number of Outstanding Loans at One Time: One
Rollovers Permitted: None (cannot charge fee for extension)
Cooling-off Period: None
Repayment Plan: Voluntary (no fees may be charged in conjunction with payment plan)

Collection Limits:
Collection Fees: $15 NSF fee
Criminal Action: Prohibited

Where to Complain, Get Information:
Regulator: California Department of Corporations
Address: Financial Services Division, 1515 K Street, Suite 200 Sacramento CA 95814
Phone: (866) 275-2677
Fax:
http://www.corp.ca.gov/


Note that criminal action is PROHIBITED in the state of California. That means no arrest, no jail, etc.

It is up to your daughter how she wants to handle this. Many of us here feel strongly that when you borrow from a payday lender, and then find out (after the fact) that they are illegal, then all you are morally bound to pay is the principal and and the interest allowed by your state law - nothing more. None of their fees, or exorbitant interest rates. Others here feel that you shouldn't have to pay anything back to an illegal lender - the choice is up to the individual.

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Last edited by SUEBEEHONEY70 on Tue Sep 25, 2007 7:37 pm
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PostPosted: Tue Sep 25, 2007 7:29 pm Subject:

And Arbitration is used to avoid Litigation....so its a complete contradiction! Must have opened up a law book and said "gee what big words can we use?" Heloooo,they dont even go together.

Thats like saying " A free pizza for $10".

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PostPosted: Tue Sep 25, 2007 7:30 pm Subject:

Suebee, that was priceless about what they can do. I am going to print and post that on my bulliten board over my phone so I can laugh when they call me.
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PostPosted: Tue Sep 25, 2007 7:32 pm Subject:

I couldn't have said it better, Sue. And they CAN NOT ARREST YOU IN CALIFORNIA!!!!!!!!!!!!!!!!!!!!!!!!
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PostPosted: Tue Sep 25, 2007 7:36 pm Subject:
Latest Blog Post : Groceries....How to Save $$!

LOL..thanks everyone....I've always kept a running list of the new and inventive threats we see posted here....it gets longer every week, it seems.

Seriously, though, these slimeball illegal companies have gone so far as to make one person in our recent history actually send her kids to a relative's house, because they used the "25 people at your door in 5 minutes to 'process' you for arrest" threat - she honestly thought she was going to be arrested. These companies are that low. I'm so glad she found our site and realized the truth.

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PostPosted: Tue Sep 25, 2007 7:39 pm Subject:

Sue- "I'm not worthy, I'm not worthy"..you are amazing!! I love that post!
volleyballmom
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PostPosted: Tue Sep 25, 2007 7:40 pm Subject:
Latest Blog Post : Groceries....How to Save $$!

LOL....no applause....just throw points.

of course I'm just kidding! LOL Laughing

I'm just so sick of these companies preying on the people who can least afford it. It seems there's a new crop of illegal companies popping up on the web now, ones we haven't seen before. We start investigating, only to find that they're an offshoot of an old, familiar company that we've dealt with before. That's the good news - because then we know how to deal with them. The bad news is that thousands more consumers will be taken advantage of by these illegal companies before it's all said and done. Evil or Very Mad

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PostPosted: Tue Sep 25, 2007 7:54 pm Subject:

Thank You everyone for your help. I think I am now prepared for him tomorrow when he will probaly call again.
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