theft by default?
Date: Wed, 06/22/2011 - 11:33
I am hoping someone can help me with this...
I applied for a payday loan about 6-7 months ago in the amount of $200 dollars and ran into some financial issues. I lost my job and I battled with that previous employer for months to collect the commissions I was due. Meanwhile I contacted the payday loan co. to see if they can work with me on delaying the check I post poned to another date. They refused and stated that they will be depositing the check although I am calling to let them know there will be no money in the account. For the next 2-3 months I got into deeper financial hardship and my checking account was closed due to it being overdrawn by $1200 which all were fees for the bounced check I wrote to the payday loan. They kept repeatedly continued depositing the check. Now 6-7 months later I get a phone call from the legal dept/law firm called First IRS stating that they are sending my info to the city of anaheim and suing me for theft by default. Is there such a thing? I never heard of that .. I tried to work out payment arrangements but he said they need $250 by end of today and the remaining $250 that I guess they accessed as legal fees and late charges on top of my debt. I asked for them to send me proof that I owed this debt and he said he will email it to me but he will need to come to a decision on this within the next couple of hours. .. Is there really such a thing as theft by default? is this a crimminal matter? and don't they need to summon me to court b/4 a judgment is recorded on my credit?
Please help. :sad:
I applied for a payday loan about 6-7 months ago in the amount of $200 dollars and ran into some financial issues. I lost my job and I battled with that previous employer for months to collect the commissions I was due. Meanwhile I contacted the payday loan co. to see if they can work with me on delaying the check I post poned to another date. They refused and stated that they will be depositing the check although I am calling to let them know there will be no money in the account. For the next 2-3 months I got into deeper financial hardship and my checking account was closed due to it being overdrawn by $1200 which all were fees for the bounced check I wrote to the payday loan. They kept repeatedly continued depositing the check. Now 6-7 months later I get a phone call from the legal dept/law firm called First IRS stating that they are sending my info to the city of anaheim and suing me for theft by default. Is there such a thing? I never heard of that .. I tried to work out payment arrangements but he said they need $250 by end of today and the remaining $250 that I guess they accessed as legal fees and late charges on top of my debt. I asked for them to send me proof that I owed this debt and he said he will email it to me but he will need to come to a decision on this within the next couple of hours. .. Is there really such a thing as theft by default? is this a crimminal matter? and don't they need to summon me to court b/4 a judgment is recorded on my credit?
Please help. :sad:
He is handing you a pile of BS.....debt are civil, not criminal.
He is handing you a pile of BS.....debt are civil, not criminal. They are violatting the FDCPA in several ways. Their company name alone is a violation as it implies that they are a goverment agency.
Can you call back and record these threats?? I am sure your states AG office would love to hear them.
