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Cash Call - old loan, emails, lawsuit?

Date: Wed, 02/01/2012 - 18:45

Submitted by ajk1615
on Wed, 02/01/2012 - 18:45

Posts: 6 Credits: [Donate]

Total Replies: 4


Hello All.
I took out a loan with Cash Call over five years ago. I defaulted over three years ago after paying more than I ever borrowed. Every once in a while I get an email (no mail, no calls) to my work email addy from Eric Smith at Smith and associates in Poland Ohio. I found a website, but many links look generic on it. I can't find any info on the BBB site.
Today I received a Final offer before lawsuit or response to order on garnishment. Does this sound like a bad collection scam? I am going to start with mailing letters to their PO Box....but I was hoping someone here had some experience with them?


As far as I can understand, Cash Call has charged off and sold the loan to Smith and Associates in Ohio and thus they are contacting you for the debts. You should send them a debt validation letter and ask them to validate the debt in writing. Unless they validate the debt, you should not start paying them. Once they validate your debt account, you can accept their offer and start paying off the debts in order to get rid of it.


lrhall41

Submitted by savion.parker on Wed, 02/01/2012 - 19:28

( Posts: 117 | Credits: )


Also, something sounds a bit strange to me...when you said that they sent you a "Final offer before lawsuit or response to order on garnishment", that stands out to me because they cannot order a garnishment without first taking you to court and winning their case. A garnishment on a consumer debt cannot happen legally without them first obtaining a judgment against you in court. And in some states they cannot garnish your wages for a consumer debt even if they got a judgment. Soaplady brings up the most important point right now--if this loan was not even legal then they are only trying to scare you.

Cash Call was sued in 2009 by the state of California. They agreed to pay $1 million in fines and court costs. They also were ordered by that court to change their advertising because they were lying to people. They were also ordered to train their employees, to keep detailed records of every phone call and contact, and to fire any employees who were found to be violating laws while trying to collect the debts. Their interest rates are absolutely ridiculous--often times over 100% interest. States have usury laws that regulate the amount of interest that can be charged but it becomes a gray area with payday lenders because they structure themselves as to not fit into the standard lender description that those usury laws apply to.

There are also other issues in play. For example, the state of Nevada now prohibits Cash Call from conducting any business in their state. So, you really need to check into this for your state. If the loan is not legal, then you would be responsible only for the principal--the actual amount that was borrowed in the beginning. Let us know your state and we can go from there.


lrhall41

Submitted by skydivr7673 on Thu, 02/02/2012 - 06:46

( Posts: 2036 | Credits: )