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Date: Wed, 05/19/2010 - 11:39

Submitted by anonymous
on Wed, 05/19/2010 - 11:39

Posts: 202330 Credits: [Donate]

Total Replies: 7


i received a call from a company stating they were from an investigative company that i had a unpaid payday loan from 2003 and now i owe $3000 and they said that i could go to jail for check fraud if i didn't pay the money i owed. I remember paying this loan in 2003 and i think i paid it cash but dont know if i still have the documentation. I live in NM and Im wondering if the statue of limitations is up?


For one thing, you cannot go to jail for unpaid debts. Check fraud is typically where you pay for something with a check, knowing you don't have the money to pay in the account, or signing a check on someone else's account in their name. The SOL in NM is 6 years for loans, so the SOL has expired. This means that if the company is legitimately trying to collect on this debt, they can't take you to court to collect. Make sure you send them a verification letter to get proof that these people have the right to collect the money and that you owe the money. And make sure they realize that unless they verify you won't pay them.


lrhall41

Submitted by OVLG Attorney on Wed, 05/19/2010 - 11:49

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Thanks for the information but how do i know if this onpoint investigation is legit. This loan was in 2003 and now there are threatening me with check fraud. They said they had a summons and an affidavit with my name on it and when asked if they could send me all this information they refused they said they could email it to me but i refused the email. I told them I wanted it in writing so I could obtain legal council and they said they would not mail it. When asked how come i owed $3000 they said because of interest and then put me on hold to talk with an attorney came back on the line within 5 minutes asking if I pay $1000 the debt would be resolved.


lrhall41

Submitted by on Wed, 05/19/2010 - 13:57

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Seriously, don't let them scare you. This is a common tactic. If they were legit and were going to sue you, they wouldn't call you up first and tell you about it. You'd just be served. You can't be sent to jail or charged with check fraud for an illegal payday loan. Send the cease and desist letter and cite they are past SOL. There are templates available on this site.

Stop panicking. Believe it or not, YOU are the one in control here :)


lrhall41

Submitted by OhioGal1 on Wed, 05/19/2010 - 14:16

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