Question for you all
Date: Thu, 10/09/2008 - 15:35
However, I don't want to tell the pdl's that since they will probably send the paper work to court right away to get me sued and garnished. Apparently, the can take everything out of my bank account except 150 if this happens...so the BK is kinda urgent.
Anyways, I spoke with someone today from one of the companies, told her I wasnt home. She called 2 seconds later. I called back an hour later, spoke to someone saying I needed time to figure things out, got a call 15 minutes later from someone else.
She told me I had til the 17th or they would enforce the contract. I'm not even sure what that means. She also told me that they would continue to call me, my work and my refferences until I made arrangements or it was paid.
Can they do this? Clearly, they got a hold of me, and are in contact with me, so I see no reason to call everyone else to try to get into contact with me. She said it was in the rules.
Can they continue to call me multiple times a day? Can they call everyone else if they are already in contact with me? Do I send them a letter to not garnish my wages, or just sign my finacial agreement with the lawyer and let her handle it?
I really don't want them calling everyone, or taking my wages.
If you are going to file bk let your attorney handle this for yo
If you are going to file bk let your attorney handle this for you and refer those pdl places to your attorney's office. Have you closed your account yet? The reason I am asking this is as soon as they figure out that you are going to declare bk on them they might wipe out your account in hopes of getting some money from you before the bk paperwork is filed. Other people will be along to advise you further.
What storefronts are you dealing with? Unfortunately, if the
What storefronts are you dealing with?
Unfortunately, if the actual storefronts itself are the ones that are contacting you, then yes, they can do that because they are considered "first party collections." I'm not sure though if there is a limit for the number of times they can call you in one day. I'm not exactly sure what all the guidelines are for "first party collectors," but I don't believe the guidelines for them are as limited as "third party collectors."
Someone with more knowledge of the fdcpa will be along shortly to answer this.
The account for them is ..well...not closed, but over drawn actu
The account for them is ..well...not closed, but over drawn actually. I have another checking account at a different bank and they have no access to it at all.
The one in particular who threatened to call everyone is called checksmart.
Now I do have a problem that one company I have not defaulted on has the new account info. I have 2 accounts with this bank, and will probably bring it up with my lawyer as to how to deal with them on that.
1. They don't need to call everyone. As I said to them, generally you call the other numbers when you cannot get in contact with said person. Seeing as I have answered every call, the threat angers me.
2. It's going to take a little while to get the money all together to pay the lawyer and file. Obviously, if I had an extra 1800 bucks in my pocket to pay her and the filing fee's I could just pay my bills and be done with it. So I'm still facing getting served if the companies decide to get legal.
It's a nasty mess is what it is.
AZ
As far as I know, all store front lenders in AZ are licensed. I would go into each one and ask for an EPP until you can get your BK filed. Here are the laws for AZ. Take note that criminal action is prohibited.
Legal Status: Legal
Citation:
Ariz. Rev. Stat. ???? 6-1251 et seq.
Loan Terms:
Maximum Loan Amount: $500
Loan Term: Min: 5 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: Three (extensions)
Cooling-off Period:
Repayment Plan:
Collection Limits:
Collection Fees: $25 NSF fee + actual charges assessed by the financial institution
Criminal Action: Prohibited
Where to Complain, Get Information:
Regulator: Arizona Department of Financial Institutions
Address: Financial Enterprises Division, 2910 N. 44th Street, Suite 310 Phoenix AZ 85018
Phone: (800) 544-0708
Fax: (602) 381-1225
Regulatory Contact: Robert Charlton,, Assistant Superintendent of Banks
Regulator Website
Licensee Database
Complaint Instructions
Complaint Form Link
Online Resources:
Formulario De Queja