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Trying to pay off paydayloans

Date: Mon, 03/20/2006 - 14:32

Submitted by anonymous
on Mon, 03/20/2006 - 14:32

Posts: 202330 Credits: [Donate]

Total Replies: 11


i have a few payday loans that i am trying to payoff, but cannot,they have threatned me with check fraud can i go to jail for this? i did not write a hot check? what can i do? i have been reading your forum and i have read that a lot of people have the same problem. i live in texas, should i close my account or tell them to stop calling me, they call me at work and have told me they will garnish my wages. i am so scared i am trying the best i can, it has taken a toll on me that i have had to go to the doctor and have had medicine proescriped for the depression, my health is falling due to the stress of this. how can you help, save me.


help

Welcome to the forums! Please rest assure that you will not be arrested, nor will you go to jail. Payday loans fall under the unsecured debt catagory. It was a post-dated check, so the funds could not be guarunteed.

I would suggest changing your account number with your financial institution, and working with each lendor to get each one paid off.

If you're getting contacted by a collection agency who is treatening you in a such a matter that you believe a complaint is in order, contact the AG office as well as making a complaint with the BBB.

You also may wish to send a validation letter to the collection agency to see if they are licensed and actual owners of the debt.

Before all of this, please make sure your health is in order. You don't need any added stress to this sticky situation. Remember to turn to the forums if you have any other questions. You should also consider signing up for debt consolidation.

Regards-
Mike


lrhall41

Submitted by Teleport on Mon, 03/20/2006 - 14:42

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can they garnish your pay and yes i was advise to change my acct info for which i did but they call my place of employment all the time making nasty threats and i believe they have turned it over to a united legal to get their money and they are calling my employment as well. can they touch my pay.


lrhall41

Submitted by on Mon, 03/20/2006 - 15:40

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Most of the payday lenders get a voluntary wage assignment signed by you along with the loan application. According to the posts in forums, this contract does not have a legal ground. Your payroll department has the option of refuse this order. You can cancel this assignment as well. Send them a revocation letter through certified mail.

Creditors can only withhold your wage, if they win a judgment against you. See the difference of wage assignment and wage garnishment here-

http://forums.debtcc.com/forums/levy.html


lrhall41

Submitted by stanley on Mon, 03/20/2006 - 16:12

( Posts: 1639 | Credits: )


anyone know anything about ambassador funding? i need a number and address if anyone could help i'd greatly appreciate it thanks again


lrhall41

Submitted by olive1276 on Mon, 03/20/2006 - 16:36

( Posts: 54 | Credits: )


who do i sent the certified letter too when trying to stop them from garnishing my wages and how can i stop them from calling my supervisors phone 5 times a day. do i send the certified mail to my employer or to the payday loan company. please quick respond & thank you for the advise.


lrhall41

Submitted by on Wed, 03/22/2006 - 03:40

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Jessi is right. Send them cease comm letter along with wage revocation letter. Also inform your employer about this.

Send your letters through certified mail.

fdcpa laws do not apply for original creditor, still you can go ahead with the cease and desist. Keep us posted.

Are you on your way to consolidate your debts? You can use this letter as well, have a look-

http://forums.debtcc.com/forums/lettertolender.html


lrhall41

Submitted by stanley on Wed, 03/22/2006 - 08:25

( Posts: 1639 | Credits: )


how long after they find out that that bank account has been closed do they start contacting you at work. My payday loan debits are supposed to go through this friday. I opened up my account with T&C on Friday so Im hoping that i dont receive too many calls. Would it be a good idea to just send the cease and decist letters out now or should i wait until the calls start coming so that i know who to send them to.


lrhall41

Submitted by fka on Wed, 03/22/2006 - 08:29

( Posts: 229 | Credits: )


never written one of these letters and really don't know what to put in it. please send me one of those letters so i can familiarize myself. this is new to me and i need to get this quickly so i can get them out soon. please send me a rough draft because this is new to me but thanks for your help. please a quick response. thanks again!!!!!


lrhall41

Submitted by on Wed, 03/22/2006 - 15:53

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Fka,

I would see who calls and let know T &C the situation when it happens. They should be able to nip in the bud pretty quickly. If they continue to call, then I would send a cease and desist letter to them. Or you can fax them a letter stating that you are with T &C, you can no longer take personal phone calls at work, and all correspondence should be handled through T & C. Do you have access to a fax machine?


lrhall41

Submitted by Cow & Chicken on Wed, 03/22/2006 - 16:00

( Posts: 3571 | Credits: )


i found this sample letter and would like to know if this is a good letter and make changes to assit me.

Mr. Bill Collector
Acme Bill Collection Agency
123 Main Street
City, State Zip

Date mm/dd/yyyy

CEASE AND DESIST LETTER
RE: Account name (credit card or account name) VS. your name, account number
Reference Collection Agency account number

Dear Mr. Bill Collector:

This letter will serve as your legal notice under federal law that regulates the activities of collection agencies and their legal representative.

You are hereby notified, under provisions of Public Law 95-109, Section 805-C, ???The Fair Debt Collection Practices Act??? to hereby Cease and Desist in any and all attempts to collect on the above debt.

Your failure to do so will result in charges being filed against you with the state and federal regulatory agencies empowered with enforcement.

You are further warned that if any derogatory information is placed on any credit file after receipt of this notice, it too will result in legal action being taken against you.


It is not my policy to recognize and/or work with collection agencies. I will settle this matter directly with the original creditor.


Sincerely,


Your name

cc:

State Attorney General (state where the collection agency is located)
State Attorney General (state where you reside)
Federal Trade Commission
Original account name


lrhall41

Submitted by on Wed, 03/22/2006 - 16:10

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