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Help! Kinda scared and worried

Date: Thu, 03/23/2006 - 06:04

Submitted by real_nina99
on Thu, 03/23/2006 - 06:04

Posts: 5 Credits: [Donate]

Total Replies: 8


Ok so here is the problem I face right now.. Last week I was a victim of that Chase bank email scam.. where you put in your account info and social but it's a bogus site. So I contacted Bank One and they closed all my accounts.. and I thought.. hey this is the perfect time to consolidate my payday loans which in all I have 2500 dollars worth… so my account is now closed..

Well I called one America Financial Solutions and I asked did they consolidate payday loans and she said “yeah but its going to be hard.. most places don't accept the payments.” And I told her that my account was closed and why then she scared me by saying “ oh well your going to go to jail! You need to give them your new account numbers or the police can come arrest you.” And then she said that while I have them on the phone I should ask them if they are willing to work with AFS..

So my question is…will I get arrested? What should I got about doing? I contacted t&c and am sending my payment in tomorrow.. should I contact the payday loan people and advise them my account is closed and that T&C will be handling my repayment?


I have trouble believing that there's any basis for an arrest in any state on the facts as stated.

The only way I can see that happening is if there's a criminal complaint lodged against a person for fraud, and that would require a showing that the defendant knew, at the time of the making of the loan, that he intended to close the account in order to avoid payment. That criminal complaint would have to be made to a judge or magistrate under oath in order to support the issuance of a warrant. Is someone coming to your state from Belize in order to swear out a warrant? A local cop couldn't do it because he wouldn't have personal knowledge of the facts, and could not possibly have done an investigation in Belize. (On the other hand, I make most of my money in criminal defense matters by showing that, although there was an arrest, the defendant was never guilty of the crime alleged, and that the person who swore he had personal knowledge of the facts needed to issue the complaint couldn't have possibly have known the facts. So false arrests do happen.)

Secondly, it would have to be a fraud against a "person", and a Belize payday loan company, not licensed or registered as a foreign corporation in the state of the defendant's residence, is not a legal "person".

I'll say it again, as I've already said it in a number of other places: get thee to the small claims court and sue the pants off those offshore unlicensed payday loan companies. The code sections involved are easy to find either on the internet or in a local law / public library. Look up the payday loan company and consumer protection statutes and make copies. Ask the clerk of the court what forms you need to fill out and how much it'll cost. There's nothing like a pre-emptive strike against dirtbombs like that who are illegitimately using the legal system against you.


lrhall41

Submitted by Virginia-Legal-Defense on Thu, 03/23/2006 - 07:26

( Posts: 260 | Credits: )


Im really surprised to here this about AFS,I have been with them for almost 5 months now.I have paid off 2 of my 4 payday loans,and when one of the creditors asked for a larger payment,AFS even said they would take the small donation I give them each month off until I got one paid off.They are very quick to repond to any questions that I have had.They even sent me a letter of congratulations for the 2 loans that were paid off.Maybe the person that you called needs to find a new career,because they have been nothing but nice to me.Im sorry that you got scamed,I know that I get these emails all the time,most of them are from banks that I dont even have an account with.I have done alot of research on email scams in the past,and I know how easy it is for people to think they are real.


lrhall41

Submitted by twokidtwocat on Thu, 03/23/2006 - 11:21

( Posts: 602 | Credits: )