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Payday loan default

Date: Wed, 10/22/2008 - 15:18

Submitted by achavez2917
on Wed, 10/22/2008 - 15:18

Posts: 3 Credits: [Donate]

Total Replies: 6


Can a collection agency threaten criminal charges for a defaulted payday loan. Can I be arrested for default on Payday loan?


I need to add more to my above question. I have a situation in that an attorney's office called me at work telling me that I would be served with felony criminal charges if I did not pay $200 today and then setup a payment schedule over the next 12 weeks. He said that what I had committed was Electronic check fraud because the account I used to get the loan was closed before the entire payment schedule. Is this true? I was caught off guard and agreed to pay the $200 and the balance of the payments would be debited from my account every other week. He was very convincing as he told me to verify his statements with my own attorney. They informed me that if I do not have funds available on the day of the required charge that it would automatically default me and they would then pursue legal criminal action with no second chance.


Everything I have read on-line states that criminal charges cannot be filed against me for this in Michigan. The company I used for the lending purpose was Vince Enterprises (BMG Marketing Group?) and I believe they are not licensed in Michigan. How do I get away from paying the future payments since they have my account information and can this be included in a bankruptcy?


lrhall41

Submitted by achavez2917 on Wed, 10/22/2008 - 18:41

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allow me to confirm that achavez.BMG is located in vancouver BC and in MALTA.they are not legal at all.anyone calling for this pdl is as illegal as they are.you cannot be arrested for a debt.it is a civil matter not a criminal one.tell this idiot to come and get you.all they will do is call.nascar is right about the bank account.if you gave this creep that info close it asap and open a new one.do not be intimidated by these simps.as to your bankruptcy question.yes it can be,but these simps will still try to collect on this.they are illegal not in this country and don't care.so yes you can include almost anyb debt except for tax debt,student loans,mortgages, in a BK petition.


lrhall41

Submitted by paulmergel on Thu, 10/23/2008 - 05:40

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Thank you very much for the information paul and nascar. BMG is the organization I owe but the collection agency/attorney they are using is in Houston. Does this matter as far as criminal vs. civil or is this bottom line a civil matter?

Is there anything that can be done to the attorney's office that phoned me and made the threat? I have seen posts on here about contacting my attorney general?


lrhall41

Submitted by on Thu, 10/23/2008 - 06:36

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if you have an address or even a name of the attorney's office you can check to see if they are ilcensed and/or bonded in TX.as stated before anyone collecting for this illegal pdl is as illegal as the pdl itself.also send a debt validation letter to this attorney.send it certified mail return receipt.also include a sentence that states all future calls will be recorded.file an AG complaint against BMG and this attorney playing CA.


lrhall41

Submitted by paulmergel on Thu, 10/23/2008 - 06:58

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Please someone help! I am filing BK on 12 cash advances places. I was paying on them all. My hours were cut and I had to close my checking account. The bank could not completely close the account. A few cash advance places put check through electronically. I started making arrangements with the other cash advance places. Some of them I did make some payments as promised. But could not do them all. I continued to get my hours cut at work and I was very short on paying the bills. I went back to cash advance places on the ones that were paid by the bank and they have my new bank info. I continue to go every payday to pay them, but it is just becoming impossible. My husband and I filed bk on all cash advance places that are from July. We filed in beginning of Oct. Does anyone know if I can include the ones that are recent? If I call them and give them the Case # and contact info can they still cash the check? My husband is worried that all these cash advance places are not dischargeable because they are not 90 days old. Each loan is under 300.00 and are only 70 days old. I thought this law of cash advances of 750.00 and 90 days old applies to credit card advances. Cash advance payday loans for most people are likely to be recent. Anyone know. Please help!!


lrhall41

Submitted by on Fri, 10/24/2008 - 11:09

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