Navigation

Pre Litigation

Message Author
PostPosted: Tue Jul 11, 2006 12:06 pm Subject: Pre Litigation

Can someone please advise me. I just got a call from these people and they said they were sending the authorties at my place of work to get me. These people are out of Jacksonville Florida and are thretening me with jail and everything. They are saying something about an affidavit of Theft by Conversion.
bmoore_731



Leave a quick message for bmoore_731
Joined: 30 Mar 2006
Posts: 10
Debtcc Points: 392

PostPosted: Tue Jul 11, 2006 12:26 pm Subject:

ok..no one is coming to get you. Is this a payday loan company? Theft by conversion means that you took someone's property legally and then misused it...For instance..If you rent a car but refuse to return it, that's theft by conversion.
Who is the company that's harrasing you?

_________________
"It's a treat, being a long-distance runner...."
Allan Sillitoe, The Loneliness Of A Long-Distance Runner
finsfan13
Moderator
finsfan13
Moderator

Leave a quick message for finsfan13
Joined: 17 Feb 2006
Posts: 7018
Debtcc Points: 59833

PostPosted: Tue Jul 11, 2006 12:28 pm Subject:

Hi bmoore...Prelitigations is a collection company. They've called me several times now and threatened me, which they ARE NOT ALLOWED TO DO. They cannot file criminal charges against you for a payday loan. They also can't even threaten you with that. That violates collection laws in just about every state in the U.S. The woman who called me was named Casey Worman, who was the person that contacted you?
apaverystar23
Debt Samaritan


Leave a quick message for apaverystar23
Joined: 06 Apr 2006
Posts: 223
Location: Texas Debtcc Points: 4904

PostPosted: Tue Jul 11, 2006 12:29 pm Subject:

They also threatened me with "check fraud", which would be a neat trick since I never used a check to apply for a payday loan.
apaverystar23
Debt Samaritan


Leave a quick message for apaverystar23
Joined: 06 Apr 2006
Posts: 223
Location: Texas Debtcc Points: 4904

PostPosted: Tue Jul 11, 2006 12:35 pm Subject:

They told me I was Check Kiting, because eveidently the company they were collecting for has an account where I bank. Since I work at a bank I had to break down the definition of Check Kiting to him, he had nothing more to say in that conversation. They really need to get their lies straight before threatning people. Not to mention he also kept referring to the name of the bank we used to be 5 years ago. That just tells you how stupid these people are.
_________________
ILLINOIS LICENSE SEARCH / CONSUMER CREDIT / GUIDE TO PAYDAY LOANS
http://www.idfpr.com/dfi/ccd/ccd_licensees.asp

ILLINOIS PAYDAY LOAN LAWS
http://www.paydayloaninfo.org/state_detail.cfm?id=IL

WISCONSIN PAYDAY LOAN LAWS
http://www.paydayloaninfo.org/state_detail.cfm?id=WI

WISCONSIN LICENSE SEARCH
http://www.wdfi.org/fi/lfs/licensee%5Flists/
PinkLady
Moderator
PinkLady
Moderator

Leave a quick message for PinkLady
Joined: 15 Jun 2006
Posts: 1447
Debtcc Points: 20296

PostPosted: Tue Jul 11, 2006 12:44 pm Subject: Pre Litigation

It is Pre Litigation and the person that contacted me was Jane Taylor and the phone number is 904-359-5184. They are in Jacksonville Florida and it is regarding a payday loan. They are demanding $565.00 today.
bmoore_731



Leave a quick message for bmoore_731
Joined: 30 Mar 2006
Posts: 10
Debtcc Points: 392

PostPosted: Tue Jul 11, 2006 12:47 pm Subject:

They are also known for giving fake names, because I talked to the same guy 4 times and each time he gave me a fake name.
What PDL company are they collecting for? If you don't know then you need to ask them and then you call that PDL and verify what collection company has your account. If they don't give you any answers I would strongly advise you to report them to the Florida Attorney General and the Federal Trade Commission. That is what I had to do, because I got nowhere with these people.

_________________
ILLINOIS LICENSE SEARCH / CONSUMER CREDIT / GUIDE TO PAYDAY LOANS
http://www.idfpr.com/dfi/ccd/ccd_licensees.asp

ILLINOIS PAYDAY LOAN LAWS
http://www.paydayloaninfo.org/state_detail.cfm?id=IL

WISCONSIN PAYDAY LOAN LAWS
http://www.paydayloaninfo.org/state_detail.cfm?id=WI

WISCONSIN LICENSE SEARCH
http://www.wdfi.org/fi/lfs/licensee%5Flists/
PinkLady
Moderator
PinkLady
Moderator

Leave a quick message for PinkLady
Joined: 15 Jun 2006
Posts: 1447
Debtcc Points: 20296

PostPosted: Tue Jul 11, 2006 12:49 pm Subject: theft by conversion

This is law in the state of Georgia. Try to do some research. Some of these collectors prey on the fact that we are ignorant of the law.

Theft by conversion - O.C.G.A. 16-8-4

When an individual has lawfully obtained the property of another for a specified use, and he instead converts the property for own use in violation of the agreement, it is called theft by conversion. For example, if someone obtains a donation from a merchant under the pretense that the goods will be auctioned off for charity, when in reality he intends to sell them for his own profit, he may be convicted of theft by conversion.

Punishment: all theft crimes except shoplifting are punished as a misdemeanor if property value is less than $500 (with exceptions). If the value of the items is more than $500, then 1 to 10 years in prison is the punishment.

_________________
Register today to encash debtcc points.
guest
Guest




Debtcc Points: 100

PostPosted: Tue Jul 11, 2006 12:50 pm Subject:

Don't pay anything until the debt has been validated. Don't allow them to succeed on their scary tactics. I am sure this company has been intimidating many people around. Pre-litigations is blowing hot air and they know that there is nothing much to be done until the account is presented to you in the legal way. Making easy money is tough for them now. You will be interested in reading these discussions.

http://www.debtconsolidationcare.com/forums/about4000.html

http://www.debtconsolidationcare.com/forums/about4000.html

Gretchin
Debt Samaritan
Gretchin

Leave a quick message for Gretchin
Joined: 18 Feb 2006
Posts: 498
Debtcc Points: 8504

PostPosted: Tue Jul 11, 2006 12:50 pm Subject: check fraud

ckfraud.org/penalties.html

Link Made inactive as per forum rules - Mike

_________________
Register today to encash debtcc points.
guest
Guest




Debtcc Points: 100

PostPosted: Tue Jul 11, 2006 12:53 pm Subject: guest

Postdated Checks:
Quote:
Section 3-104(2)(b) of the UCC, defines a check as "a draft drawn on a bank and payable on demand." A postdated check, since it is not payable on demand, does not satisfy this demand. Consequently, it has generally been held by most states that the giving of a post-dated check does not constitute a present fraud nor is it within the scope of the bad check laws.

_________________
Register today to cash in debtcc points.
guest
Guest




Debtcc Points: 100

PostPosted: Tue Jul 11, 2006 1:05 pm Subject:

Guest,
Thank you for the information on the bad check fraud. I will definitely pass the information onto the company

bdouble
Debt Samaritan


Leave a quick message for bdouble
Joined: 15 Jun 2006
Posts: 356
Debtcc Points: 4447

PostPosted: Tue Jul 11, 2006 1:06 pm Subject:

Remember, though..If it's an internet lender, you didn't even write a post-dated check!!
_________________
"It's a treat, being a long-distance runner...."
Allan Sillitoe, The Loneliness Of A Long-Distance Runner
finsfan13
Moderator
finsfan13
Moderator

Leave a quick message for finsfan13
Joined: 17 Feb 2006
Posts: 7018
Debtcc Points: 59833

PostPosted: Tue Jul 11, 2006 1:07 pm Subject: POSTDATED CHECKS

Quote:
Postdated Checks:
Section 3-104(2)(b) of the UCC, defines a check as "a draft drawn on a bank and payable on demand." A postdated check, since it is not payable on demand, does not satisfy this demand. Consequently, it has generally been held by most states that the giving of a post-dated check does not constitute a present fraud nor is it within the scope of the bad check laws



Most checks given to pdl's are postdated.

_________________
Register today to encash debtcc points.
GUEST
Guest




Debtcc Points: 100

PostPosted: Tue Jul 11, 2006 1:09 pm Subject: Pre Litigation

First of all I don't appreciate being threatened at work with arrest.
bmoore_731



Leave a quick message for bmoore_731
Joined: 30 Mar 2006
Posts: 10
Debtcc Points: 392

PostPosted: Tue Jul 11, 2006 1:09 pm Subject:

Guest,
most checks given to Store front pdls are post dated..When taking a loan from an internet lender there is no check writing involved...You just give them your account info and they deposit it into your account(savings or checking) and when it comes due they withdraw the amount.

_________________
"It's a treat, being a long-distance runner...."
Allan Sillitoe, The Loneliness Of A Long-Distance Runner
finsfan13
Moderator
finsfan13
Moderator

Leave a quick message for finsfan13
Joined: 17 Feb 2006
Posts: 7018
Debtcc Points: 59833

Quick Reply
Your Name
Subject
Message body
All times are GMT - 7 Hours
1 2  Next  
Page 1 of 2

 
About Us | Contact Us | Privacy Policy | Testimonials | Sitemap | Espanol | Media Kit | Terms of Services Navigation
Hacker Safe   Member of IAPDA   DnB Listed