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Check n go

Date: Wed, 04/21/2010 - 14:14

Submitted by anonymous
on Wed, 04/21/2010 - 14:14

Posts: 202330 Credits: [Donate]

Total Replies: 7


Question back in 2007 i took out a payday installment loan from check n go and 1 week later i had to be out of work with no pay for 6mths under fmla. I moved and never heard from the company again. When I got my tax refund in 2008 and 2009 I paid off all my other creditors but completely forgot about that because it was no on my credit. Now Today I get a call from a company that said they process papers and files for the company and was told that I am being processed for bad checks. I explained the situation to them, they contacted the other comapny and tried to make arrangements. I offered a pmt plan but being a singlemom
I am not able to do much and they refused. then told me that if im willing to accept their settlement and pay it in full by 4/30/10 they will accept it otherwise they will close the file and proceed with legal action which can mean $500 fine and up to 6mths in prison. Can they legally do this to me or r they just scaring me?


Quote:

Originally Posted by Shazzers
Tell them to send you a letter of collection thru the mail, then maybe you will discuss it, until then, don't admit or deny owing any debt over the phone.

ok, but is it legal for them to take me to court and criminally prosecute me, I dont know im scared that i will get arrested for something that I am willing to make arrangements on.


lrhall41

Submitted by on Wed, 04/21/2010 - 14:23

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Quote:

Originally Posted by OVLG Attorney
You cannot go to prison for debt. Imprisonment for debt has been illegal in the US since 1833. Whether they can put you in prison for bad checks depends on your state's laws.

Do you know the law in the state of florida, I never gave them a physical check. The transaction was done thru ach debit. does that change anything on a bad check.


lrhall41

Submitted by on Wed, 04/21/2010 - 14:25

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Quote:

Originally Posted by Anonymous
ok, but is it legal for them to take me to court and criminally prosecute me, I dont know im scared that i will get arrested for something that I am willing to make arrangements on.

Before they can do anything they must send you a letter of collection via the mail, that is a federal law (FDCPA). The next time they call you, ask for the name of their company, person you are speaking with, and a number where they can be reached, if they refuse to give you any of this information then they are NOT legit. If they do provide you with the infomation, tell them they have 5 days after their first initial contact with you to send you a dunning letter (letter of collection) in the mail per federal law, also tell them if they fail to comply with the law you are prepared to file complaints with the proper authorities, and follow thru with complaints to your attorney general, the FTC and the BBB.


lrhall41

Submitted by Shazzers on Wed, 04/21/2010 - 15:12

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Quote:

Originally Posted by Anonymous
Do you know the law in the state of florida, I never gave them a physical check. The transaction was done thru ach debit. does that change anything on a bad check.

If this is concerning a payday loan the laws are at the link below, by the way, if this was done through ACH transactions then whoever is threatening you is full of crap!! There was NEVER a paper check involved!
http://www.paydayloaninfo.org/stateinfo/FL.asp
By the way, it clearly states in FL payday loan laws that criminal action is prohibited, tell whoever is calling you to go piss up a rope!


lrhall41

Submitted by Shazzers on Wed, 04/21/2010 - 15:15

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