please, please, please help

They can't arrest you. Not paying credit cards or payday loans is not fraud. They can certainly sue you and take you to court, as a civil matter, but it's not a criminal offense. The very worse that can happen is to be served a summons from the sheriff's office, make a court appearance, and the judge will order the debt paid with some sort of affordable arrangement. Most likely though, these collectors are just trying to scare you into paying. It seems almost like they can smell your fear, and they prey off of it. Most of us on this site are going through financial difficulty, mostly because of credit card debt, and we ALL have had to put up with lying, misleading, and illegal tactics from these scumbag collectors. It is certainly upsetting, especially if you are not used to it. But don't worry, you won't end up in jail. Personally, I have not had experience with payday loans - perhaps someone else can jump in here with some advice - but just type "payday loans" into the "search" box above and see all the links that come up you can click onto. There's probably a million. Check out the threads on the Payday Loan Help category too.

Hi Saranykm, I agree with SusieQ. She's absolutely right. Collection agencies and payday loans can sue you but can't arrest you.

What pdls do you have? Are they licensed in your state? If they are illegal then you are only morally obligated to pay their principal amount.

Paulmergel can tell you more about dealing with these lowlifes.

where can i find Paulmergel?
i was looking online and did some more searching, apparently you CAN get arrested for check fraud, which is what they are considering this. anybody in CA that can help out with this?

It is not check fraud at all. Check fraud is when you write a check with the knowledge that there is no money to cover the check. This is not at all the same thing, as this is a definite LOAN and therefore not even remotely close.

you live in CA, is that right? This article will prove that a payday loan problem is NOT "check fraud"--take a look at what your own state's court did to Fast Cash when they tried this exact same scam:

consumeraffairs.com/news04/2006/08/ca_payday_loans.html

That was in 2006. FastCash was ordered to repay everyone it stole from, pay an additional $2 MILLION DOLLARS to the state, and all judgments they obtained in this manner were completely voided. This is because they tried to claim that defaulting on a payday loan is check fraud--in CA, check fraud victims can sue for three times the check amount, but CA state law specifically states that a defaulted payday loan is NOT CHECK FRAUD. The law allows them to collect the original amount of the "check" plus a $15 fee--THATS IT. No other interest, fees, or anything else can lawfully be sued for in CA.

If I were you, I would contact the FTC and your state attorney general's office immediately. I would tell them exactly what you were told in those phone calls, and I would provide them copies of the paperwork you have--from the loan agreement, to all receipts for payment, to the final payment agreements. Everything. File that complaint and let the state go after them. I would also push for that money to be refunded to you, to be honest. Business is business, but when a company goes this far out of the norm to rob from someone and they take money they never had any right to collect, then they dont deserve one penny of anything as far as I am concerned.

i heard my name invoked.this wouldn't be GRAHAM NOBLE&ASSOC by chance?by the way an ACH debit consent is not check fraud.

well i dealt with dave at noble and associates, and i dealt with greg patton at as and associates.

what about if the checking account had to be closed after the fact i took out the payday loan? wont that be considered check fraud. i had to close the account due to a divorce....

no,unless you give them an actual check it is not fraud.not in any sense of the word.again an ACH debit consent can be revoked at any time.just like a wage assignment.

No, it isn't check fraud. See the key thing here is that these places want a voided check just so they have the account number and routing number. The only reason they use 'check fraud' is because of what was posted above, they would try to get 3x the amount out if it when your state's laws plainly say that a payday loan is NOT check fraud..that company got majorly in trouble for that. Not to mention they use that to scare and bully a payment out of you, which is against the law BTW.

well honestly i feel better that i did pay. i did borrow the money, therefore i should give it back.
but the next jackass who calls and claims that im going to jail, they can go pound sand.
i did cancel the debit card i used to pay as and**** so i can make sure that there is no more debits on my account.

[color=Red]****Adult term removed - Jason[/color]

is there a way to get my money back from these ass holes, or is it even worth trying?

excuse the ignorance, what does FTC stand for?? and how can i contact them?

Federal Trade Commission. http://www.ftc.gov/

will the FTC help me out in getting my money back from these people? or do i have to do this on my own?

You will have to do it on your own unless there happens to be a class action against them or something along those lines.

I bet the same company collected from you multiple times on the same loan.

did you have two separate payday loans, or were these both collecting on the same loan?

As far as trying to get your money back, I would definitely call your attorney general's office in your state. California has been cracking down on these crooks more and more the last couple years, and that would be your best shot.

it was two seperate loans. im filing the paperwork with the AG now

*update*
i called nobel and told them they are in direct violation of debt collections law. they transfered me to Hal, i guess the manager of the place, i told hem ON A RECORDED LINE, which david knows about, that he threatened to arrest me and that they have a state marshall at the lobby of my work. right away, he was the nicest person in the world.
in the conversation, i told him i asked david for a copy of the orignal loan docs (which he said they have) but refused to provide it, unless i had a subponea, and he said that that is not a practice they follow, i told him that i will be contating an attorney in this matter for basically defaming me at work (they told another associate that they are about to arrest me) and i have the proof on a recorded line, he asked me to provide him a recording of the conversation, i told him i need a subponea ;) i can tell he got pissed, then he started saying that im a liar and that i am blowing steam up his ass in regards to the recording, i told him i have no reason to lie about it and he got pissed even more.
i told him i will be down there to have him arrested, he hung up on me.... im glad i got under his skin, i know i have a debt to pay, but dont defame me at work and make me look like an ass.
ill be doing the same to AS and Associates ;)

In California, a "Every person who obtains money or property etc. from another with his or her consent, which consent has been induced by wrongful use of force or fear, is guilty of the crime of extortion in violation of Penal Code section 518." This is a direct quote from the California Jury Instructions. These are the instructions that the court gives to a jury at a criminal trial. Accordingly, if you get a telephone call, letter etc. from anyone making threats as I have read here, get their name, address and telephone number and report them. This is why (good) lawyers are very careful in wording letters to people who owe money to their clients.

skm, have you filed anything with your bank requesting the money back and stating you found out the company is a scam/fraud? You have 60 days to dispute the transacation w/ your bank.

no i havent.... should i?
i wont even know what to say to my bank about it

skm, simply tell the bank that after you made the payment you later found out the company is trying to collect money fraudently. They will make you fill out an affdavid and should get give you your money back.

should i even try... i mean the debt is collected and gone, doing that will just have them call me more and more right?

well i filed a dispute with my bank... they will temp credit my account the 448 i had to pay, then give me a final decision ni 90 days.... lets wait and see what happens!

Hi Guys! This company is not legitimate. I have no debt and they have called 4 of my distant relatives to find me. When I called them back to let them know I contacted the Attorney General's office and the Sherriff's department - they hung up on me! Is that great a RED FLAG?