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payday loan threat

Date: Fri, 04/30/2010 - 08:52

Submitted by anonymous
on Fri, 04/30/2010 - 08:52

Posts: 202330 Credits: [Donate]

Total Replies: 8


i have been called and told that i was being sent to court on fraud charges for not paying a payday loan of 300 they wanted 857 i paid them 600 then asked them for the loan company in which they were collecting for they would not tell me and asked when they could take the remainder of the money, i said not until i find out what company you are collecting for and he said he is returning my money and filing criminal charges on me and he will make me lose my job
can they really do this


They can try, but given the information you've given, I doubt they would succeed. It is not fraud to make a payment on a loan for less than your creditor claims you owe, nor is it any other kind of criminal offense. It is a civil offense to knowingly stop payment under a loan agreement, and if they can prove it, you would have to pay the CA's court costs and attorney fees.
The collection agency cannot force your employer to fire you. If they call you at work, tell them your employer prohibits you from getting personal calls at work and under the FDCPA they must stop.

Truthfully, if it had been me I would have asked for verification of the debt before I paid them anything.


lrhall41

Submitted by OVLG Attorney on Fri, 04/30/2010 - 09:06

( Posts: 511 | Credits: )


Quote:

Originally Posted by Anonymous
i have been called and told that i was being sent to court on fraud charges for not paying a payday loan of 300 they wanted 857 i paid them 600 then asked them for the loan company in which they were collecting for they would not tell me and asked when they could take the remainder of the money, i said not until i find out what company you are collecting for and he said he is returning my money and filing criminal charges on me and he will make me lose my job
can they really do this

What state are you in? Was this an Internet loan? No one can make you lose your job over a debt.


lrhall41

Submitted by Shazzers on Fri, 04/30/2010 - 09:16

( Posts: 17344 | Credits: )


Were your loans taken out over the internet and do you have the names? Do you have the name/phone number of the collection agency who called you? It's entirely possible many of us have had dealings with the same PDL's and their "representatives" before. I agree with others, this sounds like one of the online PDLs' collection agencies. Many times they're not even located in the United States.


lrhall41

Submitted by on Fri, 04/30/2010 - 10:06

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Quote:

Originally Posted by Anonymous
i live in Michigan

Your state requires Internet payday lenders to be licensed in your state. In the state of MI, criminal charges are prohibited for owing a debt so whoever is calling you and making bogus threats are obviously not legit. Next time they call tell them you have no clue what they are talking about and until you receive a letter of collection via the mail (as required by federal law) you have nothing more to say to them. If they continue to call, get as much information from them as you possibly can, name, phone number, address, etc., then file a complaint against them with the FTC.


lrhall41

Submitted by Shazzers on Fri, 04/30/2010 - 12:09

( Posts: 17344 | Credits: )