threats of jailtime and criminal prosecution-please help!
Date: Mon, 12/28/2009 - 18:11
I have just had the life scared out of me and I need help. I took out an online payday loan thru Cashnet USA in July for $1500 and was on a leave from work due to hi-risk pregnancy at the time I was stil getting paid which then they denied my claim and quit paying me I lost income and then my job altogether. My bank account then went negative and the postdated e-check did not clear, then, in september the bank closed my account. I now have a 3rd party collector Jacobs & Associates who called me saturday and said that I am in trouble for suspected check fraud and that I am facing criminal prosecution for bad checks and that I will go to jail along with having to pay my loan and my attorneys plus their attorneys also. I just had a baby a week ago and I am scared to death that I am going to get taken away from my baby and put in jail. I am filing chapter 13 bankruptcy but the guy did not want to hear it and even told my attorney the same "she's a criminal" story and hung up on him. I was so scared that I gave the guy my debit card and set up payments, I called to tell him they were no longer authorized and he said stopping pament is also against the law and I will be in trouble for that as well. Someone please help! I can't sleep!
Thankyou
Ok...I'm sorry, I am in Ohio. I almost forgot to include this.
Ok...I'm sorry, I am in Ohio. I almost forgot to include this.
Quote: jacobs & associates who called me saturday and said that
Quote:
jacobs & associates who called me saturday and said that i am in trouble for suspected check fraud and that i am facing criminal prosecution for bad checks and that i will go to jail along with having to pay my loan and my attorneys plus their attorneys also. |
wrong!
Owing a debt is not a criminal offense! You need to file a complaint asap with the FTC and your attorney general's office against this company for making false threats! The links are in my signature. The next time these attorneys call you tell them they now have 5 days after their first initial contact with you to send you a dunning letter (letter of collection) via the mail, that is a federal law! They are bound by the FDCPA since they are a third party collector. Tell them you have filed complaints against them for threatening you with jail time. Do NOT give them a red cent until you receive a letter of collection in the mail. Even then, don't send them any money until they validate the debt. Once you receive (if you do) a letter of collection in the mail you will have 30 days to dispute the debt and request validation. Google the FDCPA and become familiar with your rights. And PLEASE file those complaints!
thankyou!
omg THANKYOU for being so great and geting back so quickly!! i was so stinkin scared and worried and then I saw that they operate as a CSO rather than a PDL company so I thoought, that's how they are going to put me in jail because they aren't actual PDL's. The guy claimed to be an "INVESTIGATOR" out of Buffalo, NY and that if I don't pay NOW the county clerk of courts will have my file and the sheriff will arrest me and lock me up, I'd have a criminal record etc. He even said all of these things to my BK attorney!
I know I'm pesty...but even though the check did not clear and the bank closed my account, it is NOT considered check fraud payable by fines and jail? Is it correct that they can only sue me and take me to civil court? Bythen my bankruptcy should be done anyways...i hope.
Thankyou sooo much again.
Sharyn
Quote:Originally Posted by Anonymousomg THANKYOU for being so gr
Quote:
Originally Posted by Anonymous omg THANKYOU for being so great and geting back so quickly!! i was so stinkin scared and worried and then I saw that they operate as a CSO rather than a PDL company so I thoought, that's how they are going to put me in jail because they aren't actual PDL's. The guy claimed to be an "INVESTIGATOR" out of Buffalo, NY and that if I don't pay NOW the county clerk of courts will have my file and the sheriff will arrest me and lock me up, I'd have a criminal record etc. He even said all of these things to my BK attorney! I know I'm pesty...but even though the check did not clear and the bank closed my account, it is NOT considered check fraud payable by fines and jail? Is it correct that they can only sue me and take me to civil court? Bythen my bankruptcy should be done anyways...i hope. Thankyou sooo much again. Sharyn |
this mope said those things to your BK lawyer?have you filed yet?if not then your lawyer is just waiting for them to screw up again.you are correct in saying that the most they can do is take you to civil court.that will be null when the BK is filed.no jail time for owing a PDL or CSO.
The advice above is all good and sound! I might add that you may
The advice above is all good and sound! I might add that you may be able to find a consumer attorney that will take your case on contingency! You would win without going to court and collect a few bucks and have the debt dissolved. Try www.NACA.org
Quote:Originally Posted by paulmergelthis mope said those things
Quote:
Originally Posted by paulmergel this mope said those things to your BK lawyer?have you filed yet?if not then your lawyer is just waiting for them to screw up again.you are correct in saying that the most they can do is take you to civil court.that will be null when the BK is filed.no jail time for owing a PDL or CSO. |
yes! my attorney called him yesterday and he told him that i've committed "suspected check fraud" told my attorney he doesn't know what he's talking about then told me when i called back that i should learn to take advice from people that know what they are talking about! basically saying i shouldn't trust my attorney.....i was floored. i have not filed yet i'm doing the paperwork and i have paid him. i seriously thought i was having a nervous breakdown over these allegations and threats of JAIL! I have filed complaints with theOhio Atty General and the FTC.
dont forget the BBB, and your department of Corporations.
dont forget the BBB, and your department of Corporations.
Ok, so I need to file complaints with them as well?
Ok, so I need to file complaints with them as well?
yes you do. the more complaints the better off you will be.
yes you do. the more complaints the better off you will be.
Earlier this year Dateline did an investigation into collectors
Earlier this year Dateline did an investigation into collectors working in Buffalo, actually, and all of the laws they violated on a daily basis. And from what you've told us, this sounds pretty familiar. Definately, like everyone has said, file those complaints--and I would also start a journal and document every call you receive from these crooks: dates, times, names, the works. This will only help your case.
Quote:Originally Posted by kscornellEarlier this year Dateline d
Quote:
Originally Posted by kscornell Earlier this year Dateline did an investigation into collectors working in Buffalo, actually, and all of the laws they violated on a daily basis. And from what you've told us, this sounds pretty familiar. Definately, like everyone has said, file those complaints--and I would also start a journal and document every call you receive from these crooks: dates, times, names, the works. This will only help your case. |
So documenting will help me say ifthey take me to civil court? Although I'm filing bankruptcy so I hope it doesn't get that far. Thankyou for responding!
Sharyn
Definitely, document all that you can... it will help prove your
Definitely, document all that you can... it will help prove your case immensely. Best of luck! :)
The Answer is definitely Maybe
Technically in most states when a check is presented for payment and returned NSF that constitutes intent to defraud. An exception to this is a check that was written to pay on a previously existing debt. When a loan payment by check is returned, there is no fraud you just still owe that payment.
However, Payday Loans are not really loans. It is a check transaction. It is also illegal for any creditor or collection agency to threaten action that they will not or cannot enforce. I'm sure these guys know that and it gives you an idea of the type of people you are dealing with.
Assuming everything is as you stated it is not likely that you would be prosecuted for a criminal act however legally that option is there. Most likely it would be handled as a civil matter.
If you haven't yet, explain the situation. If the person continues threats ask for their supervisor. I would try to set up a payment plan with them. Of course their idea of a payment plan is 1 payment of 1500 plus charges.
You do have exposure here and I would take care of it as soon as possible.
i still do not see how legally they would have an option for jai
i still do not see how legally they would have an option for jail time in this situation...
I was told that criminal prosecution in Ohio is prohibited and e
I was told that criminal prosecution in Ohio is prohibited and everyone that has posted to me so far states that criminal charges are not allowed with payday loans and CSO's. I am made to believe that legally the option of criminal prosecution is NOT available to them.
if you are unsure you might try calling your local DA's office,
if you are unsure you might try calling your local DA's office, or AG office. Someone might be able to answer that question for you.
Quote:Originally Posted by Sharyn Claire HallI was told that cri
Quote:
Originally Posted by Sharyn Claire Hall I was told that criminal prosecution in Ohio is prohibited and everyone that has posted to me so far states that criminal charges are not allowed with payday loans and CSO's. I am made to believe that legally the option of criminal prosecution is NOT available to them. |
Owing a debt is a civil matter, not a criminal one.
Another call!
Justwanted to update...I got a call again today and Mr "Investigator" Mark Damon left a voicemail saying that my visa card is invalid (because i cancelled it after foolishly being scared into giving it to him). He said I better call with a valid number unless I want my file sent over to the Sheriffs office...he does this even AFTER my attorney called him.....GEEZ
Quote:Originally Posted by AnonymousJustwanted to update...I got
Quote:
Originally Posted by Anonymous Justwanted to update...I got a call again today and Mr "Investigator" Mark Damon left a voicemail saying that my visa card is invalid (because i cancelled it after foolishly being scared into giving it to him). He said I better call with a valid number unless I want my file sent over to the Sheriffs office...he does this even AFTER my attorney called him.....GEEZ |
Most likely you are receiving these threats from people who aren't even located in the U.S. so they know they are untouchable. Illegal lenders and their employees are nothing more than criminals and do not care about you or anyone else, they only care about the almighty dollar. So, next you hear from them, hang up and don't even acknowledge their existence, they aren't worth the energy you exert to put the phone to your ear!