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Help Call and Arrest threat California

Date: Tue, 09/25/2007 - 19:10

Submitted by anonymous
on Tue, 09/25/2007 - 19:10

Posts: 202330 Credits: [Donate]

Total Replies: 22


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


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?


lrhall41

Submitted by kscornell on Tue, 09/25/2007 - 19:15

( Posts: 4407 | Credits: )


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 (just select your state),

http://www.debtconsolidationcare.com/paydayloan/explain-pdls-laws.html

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.


lrhall41

Submitted by SUEBEEHONEY70 on Tue, 09/25/2007 - 19:29

( Posts: 4583 | Credits: )


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.


lrhall41

Submitted by SUEBEEHONEY70 on Tue, 09/25/2007 - 19:36

( Posts: 4583 | Credits: )


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

of course I'm just kidding! LOL :lol:

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:


lrhall41

Submitted by SUEBEEHONEY70 on Tue, 09/25/2007 - 19:40

( Posts: 4583 | Credits: )