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Debtconsolidationcare.com - the USA consumer forum

FACING JAIL TIME OVER A CASH ADVANCE

Date: Sun, 04/19/2009 - 22:30

Submitted by anonymous
on Sun, 04/19/2009 - 22:30

Posts: 202330 Credits: [Donate]

Total Replies: 22


I TOOK OUT A PAYDAY LOAN BACK IN 2006 AND THEY CALLED ME THIS MORNING SAYING IM HAVING CHARGES PRESSED ON ME IN MY COUNTY. CAN THEY DO THAT? IT WAS A INTERNET LOAN I THINK IT WAS FOR 500 AND NOW THEY WANT 900 AND I CANT PAY IT. I DONT KNOW WHAT TO DO???


No you can not go to jail.

Debt is a civil matter not a criminal one. They only thing they can do, if they are legal, is to file a case in civil court and get a judgement.

What state are you in and what is the name of the payday loan company?

If they are making false statements like that my bet is they are unlicensed and illegal.


lrhall41

Submitted by nohiogal on Mon, 04/20/2009 - 03:01

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also, they are harrassing you illegally too. They are not allowed to tell you that you are going to go to jail, or have you arrested. the above post is very true the worst case scenerio is they file a civil complaint to collect. its a civil matter not a criminal one. If this was the case, the jails wouldnt be able to hold the real criminals! search the company in the search box see if they are operating legally.


lrhall41

Submitted by love_my_things on Mon, 04/20/2009 - 05:27

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Hello Amanda22!! You can NOT go to jail!!! Absolutely not! The info they've given you already is 100% correct! debt is a civil matter, not criminal! I dealt with pdl's for 6 years before I defaulted on them, and the scare tactics are simply unbelieveable! Who in there right mind WOULDN'T pay, if they had the money??!! The best they can do is get a judgement against you and garnish your paycheck. And perhaps some of your property, if you own any. and, there are some exemptipons even to that. However, with that being said, try to contact them and work out some sort of payment arragements that you can afford. If they won't work with you, then it's on them!!


lrhall41

Submitted by susie_q on Mon, 04/20/2009 - 13:06

( Posts: 34 | Credits: )


ok when he called me he told me he was a attorney and everything they want us to pay 277 a month and i cant afford that. he told me i will get fraud bc i gave a check for money. all i did was put in my check numbers and routing number. is that the same thing as giving a check in person?


lrhall41

Submitted by on Mon, 04/20/2009 - 21:39

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If you live in PA ( Pennsylvania) the statue of limitation ( SOL ) for collecting debt is 4 years. I fit's past 4 years you can pretty much tell them to stick it where it don't shine. As long as you don't make ANY payment to them, in 4 years you don't have to pay them back. Just tell them SOL has expired and that would be the end of it. Don't be afraid of their threats since it's empty. I suggest you read these websites.
Good luck.
bcsalliance.com/y_debt_sol.html
fair-debt-collection.com/statue-limitations-explained.html


lrhall41

Submitted by on Tue, 04/21/2009 - 07:29

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PA have a 4 years SOL. If you are near the 4 years period of not making payment, you can tell them ( after 4 years ) that the SOL has expired. Then can still try to sue you but mention to them in a letter that you will bring up the SOL issue in court. 100% of the time they will back down and forget about it. Good luck.


lrhall41

Submitted by on Tue, 04/21/2009 - 07:39

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i got a flyer from them 2 weeks ago.i'm not sure if that is the cashnet usa.it could be cashnet500 using cashnet usa's name.either way they broke the law all ways from sunday with there calls.

1)saying he is an attorney when he's most likely not.
2)threatening criminal action when debts are a civil matter.
3)breaking even IL laws when it comes to pdl's.the interest and no rollovers.

i doubt this is THE cashnet usa.a cheap imitation.


lrhall41

Submitted by paulmergel on Tue, 04/21/2009 - 07:46

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In this case, the SOL is for them to collect up to a certain time frame. After that they can still try to collect from you but you have a defense in court should they try to sue you to collect.
Your defense would be the SOL expired and the court will throw out the lawsuit against you. They cannot garnish your wage or make you pay any further.


lrhall41

Submitted by on Tue, 04/21/2009 - 12:04

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Why should you care about the Statute of Limitations (SOL)?
Every day, consumers pay off collection accounts and charge-offs which they do not have to pay off because the Statute of Limitations has already expired for the open account. Consumers pay off these accounts because the accounts still appear on their credit reports.

This information can be a powerful weapon in unburdening yourself of old debts, as creditors have a limited time in which to sue you. Remember: the Statute of Limitations begins to run from the day the debt - or payment on an open-ended account - was due. Also, this has nothing to do with how long an negative credit item can remain on your credit report.

Consumers also pay off these accounts when they are not on their credit reports. Even though an account was removed from their credit file, a collector watched their credit report for any activity (actually the computer was watching any credit activity). When the collector spotted the activity, he called the consumer for payment. All the consumer needed to say to the collector was, "I have an absolute defense--the Statute of Limitations has expired."

The Statute of Limitations does not cause your debt to go away after it expires. If the creditor files suit, the consumer has an absolute defense. The consumer must offer the new evidence to avoid a judgement. The evidence will consist of papers the consumer files to support his claim. If the creditor sues you, and you do not prove to the court that the Statute of Limitations expired, you will have a lost lawsuit and a judgment against you.


lrhall41

Submitted by on Tue, 04/21/2009 - 12:09

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Guest - NO, you cannot go to jail for a payday loan debt. It's a civil matter, not criminal.

The most that could happen is that they could take you to court, and if you don't show up for the court date, they will get a judgement against you and garnish your wages (if you have a job). If you DO show up for the court date, you will have to show proof of why you couldn't pay the debt, and the judge is likely to try and get a payment plan worked out for you.

You say you got a payday loan from them in 2006 - are you still unemployed, 3 years later? There must be some way to settle this with them.


lrhall41

Submitted by SUEBEEHONEY70 on Mon, 04/27/2009 - 17:12

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