Payday loan harrassment

Don't be scared, the way they are treating you is against the law. They gave you false information by telling you they would see you in court Mon., it isn't as simple as that or the courts would be overflowing with people. You can't just sue someone without first following due process of the law. Whoever contacted you are breaking the law by calling and harassing you at work, making threats, and refusing to verify the debt is yours. My advice to you is not to speak to them again if they call, hang up on them immediately. Do not argue with them or even speak to them until you receive a dunning letter in the mail which states how much the debt is for, who the creditor is, an address of the CA collecting the money, etc. And please, do not give them your SS # or ANY personal information about yourself. If they were truly a legit company they would not harass you the way they did and they certainly wouldn't have told you they would see you in court Mon!

First off, never fax anyone all your personal info just because they ask you to. Do you have any idea what they can do with your social security number, and debit card numbers!?! If you are that easy fax me a copy too! lol

National Check Fraud Center (ckfruad.org)

Bad checks, also known as NSF checks, bounced checks, rubber checks, insufficient checks, bogus checks, etc., can be a big problem for an individual or for any size company. There are both civil and criminal penalties for this unlawful act, although it is much more costly and difficult to prove a criminal case. Always consider your goal: to recover the money or punish the check writer?

Payments for COD or preexisting debt:
In most cases, NSF checks are not considered under the bad check law if they are used to pay an antecedent debt. Therefore, if a debtor gives a debtor an NSF check to pay a note payment or to pay an invoice that is on account, the act generally does not fall within the bad check law. However, if the debtor provides a creditor with a NSF check for a COD order, then that act does fall within the bad check laws.


Postdated Checks:
Section 3-104(2)(b) of the UCC, defines a check as "a draft drawn on a bank and payable on demand." A postdated check, since it is not payable on demand, does not satisfy this demand. Consequently, it has generally been held by most states that the giving of a post-dated check does not constitute a present fraud nor is it within the scope of the bad check laws.


Who is the guilty party?
The guilty party of a fraudulent check is usually the person who signed the check, but it could also be the person who fraudulently passed it on, or even a third party who endorsed and passed the check on to another.

I dont know if you know how the court system works, but this may help. If they file criminal charges, the prosecutor of the county in which you reside will review the alleged charges and make the decision to issue a warrant for your arrest or not. Remember the Prosecutor is not a debt collector, and if he/she feels its not a case they can win, they will not accept the charges.

So their only other course of action would be to file in civil court (you cant be arrested for a civil violation). They cant just say Ill see you in court on Monday unless they have already filed a civil case, and it has been put on a Judges docket. After filing sometimes this can take up to 2 weeks or more before it is assigned to a Judge. But in the meantime the court will send you a summons letting you know a civil case is pending, when it will go before the Judge, who filed the civil case and what it is for.

You can call your county clerks office and ask if any case under your name has been presented.

What state are you in?

Did the call who called have a have Indian accent? I received harrassing calls with similar characteristics. I knew I had never taken out a payday loan over the internet but this guy told me I did. I googled the phone number and the name of the company he finally gave me (on like the 3rd or 4th call). That's how I learned it was all a scam. I reported it to my attorney general's office. the next time they called I told them I reported them to the AG office and the guy hung up on me.
The funny thing is, 2 weeks later, they tried to same scam again, this time on my cell phone! Ugh!