Being Sued By Payday Loan Company

Yes, I have a lot of advice for you because this is purely all BS. I need to do some checking before I open my big mouth so please hang tight and I will return with more info as soon as possible.

So, you have an Attorney from LA calling you in Ma. telling you your case (what case?) has been disputed (by whom?). What type of documents will he be sending to "your town" for "litigation"? Do you smell a rat here because I do!!

If you truly want advice then prepare yourself because I would be most happy to tell you what I would do! What you actually do is your choice, but here goes:

First, NEVER EVER EVER admit to owing a debt over the telephone to ANYone! Whether or not you do isn't the issue here, the issue is; who is this person calling me demanding money for a debt? It could be anyone, it might even be me!! Make these people who call you PROVE they are a legit company representing a creditor!

If you receive a call from a collection agency or a 1 tell them they now have 5 days after their first initial contact with you to send you a dunning letter (letter of collection) in the mail! That is the federal law (FDCPA) and IF they are any type of legit attorney or collection agency they will already know this. Until you receive a letter of collection in the mail do not discuss this debt with them, then and only then you can cross that bridge when you come to it, until then, keep a journal of who called you, what they said to you, time of day, name of company, etc., you get the drift. I hope this helps you, you have rights, remember that!

Thanks!

I checked out the company. It seems to be a legit law firm. He seemed reluctant at first to send paperwork, but stated that I will be getting documents after this Friday, because the case will have been litigated in California, and it will be sent to Massacusetts. This does sound fishy now that I think about it. I'm assuming that if a judgment was done, wouldn't I have heard about it already by some type of official registered or certified mail?

Just because they seem to be a legit law firm does not always mean its a legit debt.

You would have to be notified by your county court system via summons and my guess is that isn't going to happen.
If on the very off chance they would, the most this place could do is take you to Small Claims Court, based on the debt, and as most courts systems are backed up, you would probably not even go to court before March, and you said you're paying off what you legitmately owe in Feb. Again, since PDL's are illegal in Mass, which is where I assume you live, this is not going to happen, as this place probably doesn't have a business license.
I would also file reports with your State AG's office on this.

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So you'll be getting documents 'after this Friday?" If I were you, I wouldnt' hold my breath, I'll be VERY surprised if you get any type of written correspondence. I had experience with these bottom feeder collection places, as well; they count on scaring people so badly they'll give financial information over the phone, wire money, or whatever. As Shazzers says, anyone can make a phone call and ask for money. I'd want to see that letter on company letterhead with all of the facts before anyone anywhere gets one penny.

i would like to point out that MA law states that a collector cannot demand payment by phone,or over the phone.basically wait to see if this place does send you anything.if not then.i would look into suing them.btw what number comes up on your caller id?googled them and the site states their jurisdiction,and MA is not on there.i suspect bottomfeeder using a legit law firms name.

I received a call this weekend from some attorney office saying that I owed 590.00 to this payday loan company. I owe 390.00 and it is due 2/1. Person was so rude I couldn't believe they would permit someone like this to use the phone. Spoke with the company that they alleged to be representing and they said they were a fraudlent company that had hacked into their system. Now I feel very uncomfortable because these con artists have my personal information.

Thanks everyone for the feedback. I will keep posted as to what happens. I'm doing the paperwork for the AGs office as I write this. The more I look into this, the more fishy it seems...

Good for you !!

I NEED ADVICE BAD!!! I read all these and they all sound similar to my recent encounter 45 min. Ago with a guy who referred to his self as Officer Joseph Newman. I probably 6 mnths ago tried to apply for a Pay Day Loan and it kept saying confirm info. I did so many times but nothing ever appeared. Then on my next cycle of my Bank Statement it said I was -$275 give or take and it said this in two seperate statements neither statement being the same amount. I called the bank to find out what the heck happen and they checked into it and said that a internet loan company had put an amount into my checking account, but before it could clear they withdrew more than they had put in...leavin me severely in the negative. However I only had .35 cent in my account for quite some time so it all seemed very strange. Now 6-8 mnths later (today) I get home and I have a message on my home fone stating (with an indian accent) that this was Officer Joeseph Newman and he was looking for a (my name) he advised me to call him back asap or action would Be taken, so I immediately grabbed the number he left : 214 451 0589 and returned his call. When he answered he said "Hello" which was weird cuz I thought if it was a legit thing theyed state the nbame or something, neways, he cont. To say that I was being sued and if I'd like to settle this out of court "yes or no". I proceeded to ask him if he was a cop he stuttered and said yes I asked him who he was with he said I am Joseph Newman Badge number 191 with the Federal Crime of something. Not the FBI but like FCI it was weird. Then he said Just answer my question yes or no I said well I can't until I know how I would settle this out of court he said you would send the money a total of 572 dollars to him and I said to YOU? And he said no no! The company. Everytime I asked him what company all he said was the internet loan company. He never gave me a straight answer. He then proceeded to tell me that (when I said I was going to my bank to fig. This out) I had no time to do that, I have to appear in court this coming Monday (its friday now) and that I should get an attorney. Oh and when I first called and he told me I was being sued he asked for my attorneys info... When I asdked him what Court I was going to have to go to he said: "I am writting this as a refusal and sending it to -i couldn't understand what he said- and the FBI. He said I will receive my papers tomorrow morning and I asked how he said do u live at -which is my 911 address- not my mailing address. I told him I dnt get mail there so how will I get my Affadavite(which he read me at the beg. Of the covo he also called.me a suspect of investigation) he said is ur email ____ and I said yes he then said ull receive the letters on ur email bby tomorrow morning and he said bye and hung up. Please help. Me I think its a scam but idk. I culdnt find the FCI or his number. HELP!

IT IS A SCAM! Report this to the FTC, BBB and your AG. Next time he calls tell him to kiss your hiney!

I believe in my heart this was a scam because last night I called the "Officer" back and it went straight to what I considered it a cell fone voicemail. It said You have reached extension 141 leave a message after the beep press # for (another menu) or something. Then this morning when I called it went Do Do Do, All circuts are busy now plz try ur call again later. So now I'm almost positive this was a scam. I mean have u ever seen an Indian dude with a white guys name? An OLDER Indian man with a white man name? I never have. I'm calling bullcrap on this one!

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These people try every trick in the book to get your money; if you're getting calls from someone pretending to be from a Federal agency, I'd definitely report it to the agency they're impersonating, as well. If they're working from an overseas operation there's probably little any of our law enforcement, AG, etc., can do, but at least you'll have filed a report and complaint.

i need some advice. My husband just recently got a call from a guy stating he was an attorney for an online pay day loan that he got back in august of 2009 but he never did get one or remembers if he did. This guy said that he would be suponed at work to come to court and he advises him to get a lawyer. This guy was also being rude when my husband would ask him questions about it and said that he could go to jail if he doesn't show in court. He was never sent a letter saying he owed anyone and was never offered to make payment arrangements to take care of the debt. my husband did tell him he never got a loan and the guy said it was from cashnetusa and it had our account number. Its funny cause we never got a account with whom they say we have one with until oct. of 2009 and he says my husband got the loan in aug of 2009. should he contact a lawyer or what? we are worried and confused

my husband recieved a call today from a man stating he was a law firm who was suing him for a payday loan he got through cashnet usa back in aug. My husband never got a payday loan through them or in august with the account they said. We didn't open the account with tcf until the middle of sept. This guy said that my husband would be subponed at work to come to court to pay the debt but would also get arrested when he got the supboned. They didn't contact him unitl today or even send a letter telling him he owed anything. He told the guy he didn't get the loan and was asking questions about it but the guy was yelling at him to shut up and listen and he doesn't care what he says his computer says he owes a debt and he is going to collect it. what should we do. should we contact a lawyer or is this a scam!!!!!!!!

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OMG! Everything that I've read has happened to me. In August i applied to the loan company and gave them my account info, personal info., etc. I never recieved the loan in my account EVER!! And now two months later an indian guy calls me with a heavy accent talkin about how i'm going to get sued $7000 if i want to settle this in court or out of court for $675? now i asked him what was this for and he just kept saying write down some information and did not answer my question. I asked him twice and he mumble something. so because i couldn't hear him i agreed to paying $675. he transferred me to "the payment center" where i spoke to another indain guy. now get this when this guy asked me to fax my debit card information and authorize my transaction with my id photo. he said i needed to fax it over within 20 minutes. i kept telling i dont have time today but he wasn't taking no for an answer.after i noticed how fishy these guys where acting i demanded to know what was I was paying for. this time i was pissed and said i wanna talk to someone without an accent cause i don't understand anybody there. they transferred me to another indian woman who had an accent but at least i could understand her better. and she told me it was for a payday loan i requested. I told her loud and clear that i never recieved money so why should i have to pay? then i told her i would check my bank statements and call her back in three hours of course she claims she has the reciepts to prove it. I checked my bank account like crazy and like I said I never recieved payment so they're bullshitting hours passed and by this time the indian man called me and was angry stating that i didn't call him. I told him that I was NOT making the payment period and he replyed that he was sending the information to the courts and they'll be suing. He also claims hes going to send information through the mail and i would recieve an email I've been researching this scam and all signs point to bullshit. I was scared but now I'm going to report them cuz nobody should be put through the stress that I was put through. I now will never do this Shit again I don't need this right now. I going to close my account that they have on file cuz i'm afraid they will take money out.

Yes, close you account immediately if not sooner. This is a scam.

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I need your help so bad. I live in Texas and myself and my husband were victims of identity theft not one time but two. The first time the person that used are credit card and managed to get our social security numbers was found guilty and was charged with a felony, but not before she sold our info to somebody and we were victims again in July of 2008. The account was on Washington Mutual and they tried to stop all of the charges but they went thru. We provided all of the information to our county sherriff and they tried very hard to get to the bottom of it, but they were unsuccessful. Well on Friday, Nov 19th received a phone call from a civil server who told me that she needed to come to my house to have me sign papers, I was being sued, she gave me a phone number and the name of a company called Upper Management. I called the number and he told me that I owed MyCashNow 3200.00 dollars and that if I signed the papers or didn't sign the papers it didn't matter, that if I did not appear in court, they would issue a bench warrant and have me arrested. He would only talk to me if I would pay him 1400.00 dollars, otherwise to court and to jail. I never had a loan with this company, but the civil server called again today to see if I was home. I have never received a letter, a phone call, an email from this company. Please help me, I am so frightened.

Someone else here might be able to give more information, but I don't think MyCashNow is legal in very many places. In fact I'm not even sure this payday loan company is located in the United States! If they call again, do as advised on other posts on this thread, do NOT admit over the phone to owing money and tell them they HAVE to send you something in writing regarding this debt, as it is Federal law. Report them to your local Attorney Generals' Office and your State financial regulatory agency. Do you by chance have the telephone number of the people who called you or the number you called? It's possible that number will be familiar to other people here.

Same Here. No need to tell you what you all already know. Of course this is a scam. I did verify this is indeed a scam by speaking to an FTC representative. It would not surprise me if some of these so called payday loan companies that anyone of us may have applied to on-line, turn out to be the culprits themselves.

Those of you who have applied on-line have experienced the same thing. You fill out an application, and within a very few minutes, your E-MAIL is bogged down by HUNDREDS of these compnaies, who, as it turns out, are NOT lenders, but 'brokers' who BROADCAST all of your personal information to multitudes of companies, who themselves, NEVER turn out to be lenders, but again 'BROKERS' who, if you 'complete' your application again, as it appears you are instructed to do in order to COMPLETE the process; in order to FINALLY get your loan; are doing nothing but recycling your application to another list of Brokers and so it goes. Occasionally there are actual 'LENDERS' , who operate OFFSHORE lending operations, who are therefore EXEMPT from US LENDING LAWS. (see my note at the end of this writing please)

FIRST: (and this is going to take some time ) UNSUBCRIBE to everyone of these e-mails that you get; DO NOT COMPLETE ANOTHER FORM! You will see or should have seen the disclosure on each, and everyone of these applications that you receive in your E-MAIL, that begins with 'We Are Not a Lender etc.... this disclosure is USUALLY not found UNTIL you reach the SECOND page of your applcation, but sometimes this diclosure is on the FIRST page, at the bottom, and in TINY PRINT. LOOK for this DISCLOSURE. If you see it DO NOT COMPLETE this applcation. YOU WILL BE OPENING yourself UP to SCAMMERS and FRAUD ATTEMPTS if you complete it. (Please see my note at the end of this writing)

These people are, in FACT, NOT LENDERS but are gatherers of information that MOST will turn around and SELL, to such SCAM organizations as those who we have all gotten phone calls from.

Of course the scammers pay these brokers for this information, because they have KNOWN PEOPLE , especially Senior Citizens, or those folks who have STRUGGLED for a long time and are timid because of their credit history, WHO WILL PAY UP.
Our own TELEVISION NEWS CHANNELS have reported such scams as having been SUCCESSFUL, thus these scammers keep it up, as they have been told that people fall for these scams.

FIRST-Do NOT just delete all of the E-Mails you have received (and will continue to receive for months). Take the time to UNSUBSCRIBE from each and every one of the E-MAILS you receive. Keep a LIST of company names, address and phone numbers that you can copy and send whne you make other reports to the police, FTC, FBI and the Secret Service.

SECOND- Do report ANY information, no matter how trivial you beleive it to be, to the Federal Trade Commission (FTC). DO NOT report it to your LOCAL Police Department, UNLESS you have been THREATENED with PHYSICAL HARM, or unless your checking or savings account HAS BEEN illegally, or fraudulently tapped (stolen from).

THIRD- DO access your checking and Savings accounts everyday to see if there are TRANSACTIONS YOU DO NOT RECOGNIZE. IF you see ANY TRANSACTIONS, NO MATTER HOW SMALL (these crooks have been known to run transactions through a persons account, ( a paper draft, similar to a check, however it is a similar item that is processed by your utility company, mortgage company, and other creditors that you may be paying by ON-LINE transaction, or you have established an ACH DEBIT (automatic debit, paid each month, by your authorization, on a specific day each month to a creditor) in order to avoid being late with a payment or even being troubled to remember to pay it on time each month.

I personally ran into BIG PROBLEMS by allowing certain creditors to be paid by ACH (automatic) payment each month and so I WILL NEVER SET UP AN ACCOUNT to be PAID THIS WAY AGAIN. My Mortgage company (another story) paid themselves more than once a month, abusing their privilege so I ENDED it for everyone.

ANYWAY, these CROOKS WILL run similar looking documents through you bank or credit union, but in small increments such as 16.21 or 29.32, however they will do this on successive days hopng that it does NOT RAISE a RED FLAG.

If you see transactions like these and you DO NOT RECOGNIZE the transaction and NO ONE in yor family, who is an authorized signer on your account, has made a purchase in these amounts, IMMEDIATELY,and on the SAME DAY, CONTACT your FINANCIAL INSTITUTION and REPORT these TRANSACTIONS as FRAUDULENT.
This process will be time consuming, but necessary. For example, my Credit Union requires that we complete a STATEMENT of CHECKING ACCOUNT FRAUD, call the police and file a report of Checking Account Fraud with the police, once we have the report from the police, we MUST include the Case Number on the Statement of checking account fraud, AND we MUST have our SiGNATURES NOTORIZED. Then if your bank or credit union is NOT LOCAL (ours is not) we must FAX the SIGNED, NOTORIZED, form to our CREDIT UNION, that same day, unless it is a weekend or Holiday, then we MUST make a copy for ourselves and MAIL the original to our CREDIT UNION.

What our CREDIT UNION or BANK WILL DO. 1. They will RETURN the draft (check looking thing) UNPAID (not debited or subtracted from your account balance). You will be advised that the draft (check) has been returned to who ever was trying to pay themselves from your account. They will also advise you that if the party who was NOT PAID from your checking account DISPUTES that the DEBIT (check) was NOT a FRAUDULENT transaction, then that party MUST SHOW PROOF that the DEBIT or check thay attempted to have paid from your checking account is LEGITIMATE. IF THEY (the payee) DOES SEND SOMETHING SHOWING your Bank or Credit Union that it WAS A LEGITIMATE DEBIT, YOUR Bank or Credit Union will HONOR that transaction and PAY the party.
I PROMISE YOU that IF INDEED it was a FRAUDULENT TRANSACTION, these CROOKS WILL NEVER DISPUTE your claim of fraud.

Once you have filed this with your BANK, also file this with the FTC (FEDERAL TRADE COMMISSION (ON-line at ftc.gov); with the FBI (ON LINE at fbi.gov). The FBI web site may refer you to your LOCAL FBI WEB SITE to file a dispute as well.

THEN, File a report with the SECRET SERVICE at secretservice.gov. The Secret Service handles Credit Card and any Financal fraud or Theft.

NEXT, your Financial Institution will advise you to close that account and open a new one with them. As long as the crooks have your OLD ACCOUNT information, ANY transaction they attempt to process through your OLD account WILL be returned as UNPAID, Account CLOSED.

This is where you may have more work to do, for example, IF your paycheck or Social Security Check is Direct Deposited and you HAVE NOT advised your employer or Social Security or ANY other DIRECT DEPOSIT Situation, that you have OPENED a NEW ACCOUNT, these DIECT DEPOSITS will be REFUSED and SENT BACK to the Sender (payor).UNDEPOSITED TO YOUR ACCOUNT.

Make CERTAIN you contact all DIRECT DEPOSIT SITUATIONS and GIVE THEM YOUR NEW ACCOUNT INFORMATION. Do NOT PANIC if for some reason your Direct Deposit was returned. Yes, it will delay your money getting to you on time, however if you Contact the Social Security Office IMMEDIATELY after not having received your funds, they will do ONE of TWO things at YOUR REQUEST.
They will have to wait unitl they receive the payment back from your Financial Institution, (about two to three days later) and then 1. They will MAIL you a REPLACEMENT CHECK or 2) they will re-deposit your check to your NEW ACCOUNT. Option Number TWO TAKES 10-15 DAYS.
NOTE: to EXPEDITE your process with the Social Security Office, CONTACT your CONGRESSMAN in your DISTRICT, tell him what has happened and your funds will get to you even faster. AMAZING !

Be certain to contact anyone,( ie.life isurance premiums, the electric or gas company, mortgage company, ANYONE AND EVERYONE that you have set up Automatic payments (exept for payday loan companies) OR ANYONE and EVERYONE that you may have SCHEDULED a ONE TIME PAYMENT TO, and GET YOUR INFORMATION CHANGED ! PRONTO !!.

If for some reason your payment may have already processed to your OLD Account, call the PAYEE(creditor who you owe) and tell them what happened. Be prepared to pay them Immediately with your NEW ACCOUNT Information, and ask then to reverse ANY RETURN CHECK FEE. Under the circumstances, and IF you are polite and courteous during your call, they will forgive any penalties or return check fees. Even Credit Card companies become kind in this instance, however be prepared (and NICE), should they ask for PROOF (fax then a copy of the CHECKING ACCOUNT notorized Statement of Fraud which you had to file with your Financial Institution. BE NICE BE CALM and everyhing will work out IN YOUR FAVOR.

One more thing, (well two more including my important note that follows_ Even if the Scammers or Crooks have NOT attempted theft from your checking account, you MAY WANT to OPEN A NEW CHECKING ACCOUNT ANYWAY, because you KNOW they already have your information, especially if YOU APPLIED for a PAYDAY LOAN ON-LINE.

Do explain to your financail institution why you feel it is important to close and re-open a new account, this will avoid any RED FLAGS that could be posted to a new account.

YES, this is a GREAT DEAL to have to DEAL WITH. NEVER, NEVER, NEVER complete a LOAN APPLICATION of ANY KIND ON-LINE. (UNLESS you KNOW the COMPANY, such as your BANK ) that you are doing business with and ON THEIR SECURED WEB SITE.

GGOD LUCK, BE SAFE
NOW HERE IS the important NOTE I want to share with you.

IF YOU are in a position of needing a short term loan (a/k/a/ PayDay Loan). There are LEGITIMATE COMPANIES with FREE STANDING OFFICES (an ACTUAL BUSINESS LOCATION), that are LICENSED by your STATE and who MUST FOLLOW U.S. LENDING LAWS as well as YOUR STATES LAWS.
Face it today MOST of US are LIVING PAYCHECK to PAYCHECK and occasionally we need a helping hand. It is NOT comfortable for some of us to turn to our families at times like these, we turn to what ever source we think may help us. PLEASE DON'T turn to the internet for help in these situations, even if some of the LICENSED payday loan companies have registered web sites.

GO to THEM, conduct our business in person. Yes, I know it will be embarassing to many of us if someone we know sees us doing business at a payday loan company. However, I know that these companies MUST follow laws of confidenciality, AND THEY DO.

GO TO AN OFFICE ONE TOWN away. Trust me these legitimate companies UNDERSTAND and will work with you. They LEND without contacting anyone, UNLESS YOU FAIL to PAY THEM BACK, but then THEY TOO are OBLIGATED to FOLLOW the laws of the FAIR DEBT COLLECION PRACTICES ACT. (FDCPA)

GOOD LUCK

WISHING US ALL a PROSPEROUS, HEALTHY, and WISE NEW YEAR

Yes Its total BS!!! Its happened to me. My husband threatened the "OFFICER" and he hasn't called back. Also I was supposed to have gone to "jail" 6 weeks ago!!! They are scums who are trying to scare people.

What about Star Cash Processing????????

same thing with them as well.any threat will be an illegal threat.