Debtconsolidationcare.com - the USA consumer forum

Frederick d kelly law firm....received a call

Date: Tue, 01/23/2007 - 09:32

Submitted by pocahontas_c
on Tue, 01/23/2007 - 09:32

Posts: 4 Credits: [Donate]

Total Replies: 11


Hello I recieved a call about a loan amount I had with no wait cash advance. I had a situation to where I couldnt pay them back right away and when I was able to they stated that it had already gone to this office. The person called and stated I would be going to jail on tomorrow if I did not send payment. But the amount doesnt seem right. And she stated that I could not pay it off in 2 payments as I offered because of the pay day loan advance was written in check if i didnt pay them cash? What do I do


Pocahontes,
I had several companies say the same to me. They can't throw you in jail. This is a civil matter not a criminal. You need to look up your states laws for payday loans. They also have to be licensed in each individual state which many aren't. They are just using scare tactics. If you feel you owe them then send them the arrangements in writing. I wouldn't give them your account info because they could take out as much as they want to. www.paydayloaninfo.org, Check this site out for individual state laws.


lrhall41

Submitted by rmjacobs on Tue, 01/23/2007 - 09:43

( Posts: 59 | Credits: )


Thank you soo much. I want to pay it. I offered this week as 1/2 and the next week in 1/2 but she stated no it would have to be by tommorrow. I also asked for validation and she ignored my request and kept on and on about how this matter could inconvenience me at work of home. She scared the crap out of me. She said I committed an act of fraud. I dont even have speeding tickets or an unmade bed let alone wanting to commit an act of fraud!? Thanks for the help


lrhall41

Submitted by pocahontas_c on Tue, 01/23/2007 - 09:48

( Posts: 4 | Credits: )


it is all scare atctics. Believe me I was ready to put my account in the negative even though I have already paid back the priciple amount borrowed. I found this site and everyone assured me they can't arrest you this is civil. So I did my own investigating. When the people called me back I stated the laws of my state (which most of them aren't allowed to lend in which makes your loan null and void) and they haven't bothered me since.
Don't be scared it will be fine.


lrhall41

Submitted by rmjacobs on Tue, 01/23/2007 - 09:54

( Posts: 59 | Credits: )


pocahontas - there is no debtor's prison, you have not committed fraud, and they cannot put you in jail.

They will threaten many things - arrest, jail, a phone call to your supervisor at work, etc. And they will not give you a validation.

Have you already paid the principal and the interest allowed by your state on this loan? You can find out your state's payday loan laws by going to http://www.paydayloaninfo.org. Click on "state information" on the left side of the page, then click on your state on the map that comes up. It will show your state's law, whether payday lending is legal, what interest rate is allowed, and where to complain about this company's collection and lending practices, if they are doing so illegally.

If you have paid in full, including the allowable interest, you need to block them from debiting your bank account and send a letter requesting your account be marked paid in full and revoking any wage assignment they might have on you. There's a great letter on Pollyandsay's blog on this site. (Can be found under "Blogs" in the left hand column of this page.)

Be aware that many payday lenders will attempt to debit your bank account under a different company name if they find you have blocked their original debit. You may have to close your account and open another to stop it, or it may be possible to prevent this by talking to your bank manager and explaining the situation. Let them know you do not want any ACH debits coming through your account, unless specifically authorized by you.

Keep us posted on your progress!


lrhall41

Submitted by SUEBEEHONEY70 on Tue, 01/23/2007 - 09:55

( Posts: 4583 | Credits: )


When I was able and available to pay my lender they stated it was already charged off. They said look for a letter or call. Which I received the letter and wrote back asking for validation. Then thats when the call came. They also contacted one of my references and told them I was going to jail for fraud etc. etc
Now they are all worried and scared. Im in Texas by the way


lrhall41

Submitted by pocahontas_c on Tue, 01/23/2007 - 10:14

( Posts: 4 | Credits: )