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payday loan

Date: Sat, 07/02/2011 - 13:23

Submitted by anonymous
on Sat, 07/02/2011 - 13:23

Posts: 202330 Credits: [Donate]

Total Replies: 3


i defaulted on a payday loan from 2007. I had a lady call me saying she was a lead attorney/detective and that i was being charged with theft by deception and fraudulent check writing. i made payment arrangments with her and then decided to cancel my debit card cause i had nothing in writing. no documentation. i was wondering if they can put a lien against my house when the house is not in my name, just my husbands. i live in delaware which is not a common law state. any advise would be apprciated.


Before you pay them anything, you need to check and see if this company is legal. There are alot of payday collection scams out there. I hope you got the name of this company, the address, phone number, and full name of the person you spoke with, if not call them back and get it and let tham know you are sending a debt validation letter.You need to send them a debt validation letter to insure that this is a valid debt. Do not just assume that this is the loan you defaulted on. If you need help with that you can find sample DV letters in this forum. Because this is an old debt, check your states statute of limitations to see if they can even collect on it.You also need to check your state payday loan laws to see if it was a legal loan to begin with (in 2007) I am afraid though because you gave them your bank info , this may reset the statue of limitations. Not sure on that one though, you need to check on that too.


lrhall41

Submitted by ally0703 on Sat, 07/02/2011 - 21:49

( Posts: 40 | Credits: )


Who was the "attorney/detective?" Was she representing a law enforcement agency (doubtful), or an agent of a debt collector? Did she identify the debt collector on whose behalf she was calling?
Who "charged" you with a crime?
If they are calling as a representative of a debt collector, they are bound by the following provisions of the FDCPA:
It is illegal under FDCPA 807(11) not to identify that they are a debt collector calling to collect a debt.
It is illegal under FDCPA 807(3) to represent or imply that any individual is an attorney.
It is illegal under FDCPA 807(4) to represent or imply that nonpayment will result in the arrest or imprisonment of any person, or the seizure, garnishment attachment or sale of any property or wages of a person unless such action is lawful.
It is illegal under FDCPA 807(5) to make a threat of action that cannot legally be taken.
FDCPA 807(13) states that it is illegal to represent or imply that documents are legal process.
It is illegal under FDCPA 808(6) to threaten any nonjudicial action to effect dispossession or disablement of property if (A) there is no present right to possession of the property claimed as collateral through an eforceable security interest; (B) there is no present intention to take possesion of the property; or (C) the property is exempt by law from such disposition of disablement.

If you have not been charged with a crime, any inference that you have or may be is an illegal debt collection practice. The debt collector is certainly not a party to any such action.

I would immediately contact an attorney. This appears to be a total disregard for the FDCPA that I would suspect is not coming from a reputable debt collector.


lrhall41

Submitted by Lian on Sun, 07/03/2011 - 20:07

( Posts: 234 | Credits: )


right on lian.this person(and i use that term loosely)broke the law in so many ways.first the implcation the OP commited a crime as owing a pdl is not a crime,and stating that an ACH is a check is ridiculous.next the person was not an investigator,and broke the law misrepresenting themselves as such.file a police report for the call as again the law was broken,and not by you.last thing.sonce this cretin did break the law with their threats they are not gonna do anything they threaten.


lrhall41

Submitted by paulmergel on Tue, 07/05/2011 - 07:02

( Posts: 15514 | Credits: )