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Help PLEASE! Lawsuit threatened. Check Fraud Charges.

Submitted by anc526 on Thu, 04/29/2010 - 06:33
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I took out payday loans years ago and wasn't able to pay them all off. I missed one and now I'm in a world of trouble.

A few months ago my mother-in-law got a call from LNKay saying that I was being sued and my drivers license was being suspended. They gave her a number to have me call them back. I called back but it said the number was disconnected.

Fast forward to today. My mother-in-law calls me at 8:30am saying they called her again. They said that they were suing me and that I had 3 charges pending and would be taken to court and have my license suspended. They gave a number and a case file.

This time when I called back I actually got through to someone.

They said I took out a payday loan last year for $400. That I now owe the bank $625 and that they'll settle for $835 since they have to get paid.

They said if I don't that they will have to call the courthouse between 3-5pm today to tell them to record the charges and have me served. Then my references will be summoned to testify. They said that if I'm charged with check fraud I will lose my license for 3 years.

They have me absolutely terrified. This was an internet payday loan that I gave my bank account information to get. It was an ACH charge that didn't go through.

What scares me is that they managed to find my mother-in-law, the fact that I own a house, my husbands name, and my new bank account information.

Am I really going to be charged with check fraud and lose my license? Please help, I have to call this guy back by 3pm and would like to know what to do.

Thanks.


this is a scam collector as of last year all pdl's were prohibited,and you are in a non-garnishment state.file AG complaints against this bottomfeeding piece of garbage.they can't do anything they threaten,and you only owed the principle borrowed.if the amount in fees met or exceeded that.then this place can piss up a rope.even if you didn't pay the principle then you only owe the principle.this place illgaly lent in a state where pdl's are prohibited,and they can't garnish.there will be no court date,and they can't do squat with your license.those are bottomfeeder threats.file the AG complaints asap.


Submitted by paulmergel on Thu, 04/29/2010 - 06:38

paulmergel

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Thank God. Cause they are trying to say I illegally borrowed the money. When I took the loan out last year the information I gave them was valid, but now my phone number changed and my 2 references moved away.

I just want to make sure I won't be charged with check fraud. Good to know I wont be. When I talked to my mother-in-law she said she doubts they'd take me to court over a $400 debt. Even if they won and had their court costs covered, if I have no money and no assets they can't collect on nothing.


Submitted by anc526 on Thu, 04/29/2010 - 06:55

anc526

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Quote:

Originally Posted by shane rogers
First you need to confirm from them that whether this accounts are in collections or not..It can be possible that the collection agencies are giving you threatening calls to get this debts paid off asap!!!!


it's an illegal loan shane.it doesn't matter if it's in collections or not.this is an illegal debt.everything they are doing is illegal...nuff said.


Submitted by paulmergel on Thu, 04/29/2010 - 06:58

paulmergel

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That sounds like LMK (Lieberman, Michaels and Kelly) I am well aware of their tactics. Read this article http://tinyurl/limike They have threatened the author regarding it! They are as Paul said a scam! They try to collect on illegal loans with illegal tactics. It is juist a matter of time before they are taken down like the other Buffalo NY bottom feeders have been. That is where they hired their collectors from!


Submitted by Frogpatch on Thu, 04/29/2010 - 07:24

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I took out about 8 payday loans via the internet in 2008 and got over my head ($2500). I closed my bank account about August 2008. I received several emails from some of the companies, sent them letters stating I would report them to my AG and BBB. I live in Nebraska. When I researched the companies, I could not find any that were licensed within my state. As well, at the time, all payday loans were required to be paid within 30 days according to NE law. All was quiet until this week, yes, almost two weeks later. I had one very rude guy call named Paul. He has called twice in two weeks stating I committed fraud threatening that he was filing court actions within my county. He stated he was from some law firm in California, but the caller ID showed Maryland. The second was from a number in Nebraska for Money and More. She was very nice. I told her I was disputing the loan and she said she would send me paperwork to dispute next week. I have not had to pay back any of these loans and they have not tried to take me to court or garnish wages. Anyone have this same scenario lately? Has anyone been summoned to court two years after the fact?


Submitted by on Thu, 04/29/2010 - 07:40

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One of two things are likely in your situation:

1. The illegal debt was sold to a collection agency, and that's who's calling you. If that's the case, send them a DV letter, CMRRR. They won't be able to validate an illegal loan :)

2. The OL is going through old accounts trying to scrape up money by scaring people into paying them.

Either way, if you've repaid the principal balance, you have no worries.


Submitted by OhioGal1 on Thu, 04/29/2010 - 08:07

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Thank you!


Submitted by on Thu, 04/29/2010 - 08:23

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I had it out again earlier with LMK. The guy I talked to this afternoon called me at 3pm and told me I had 20 minutes to call him back with a debit card number or he was going to call my mother-in-law back, after I had specifically told him she was not to be contacted.

I called him back and he said that any time I fail to answer my phone he has every right to call my mother-in-law. He also said that if I refuse to pay and the supposed charges are filed that he has the right to call my mother-in-law to inform her of what is going on.

I challenged him on that because she wasn't a reference on the original payday loan so it isn't any of her business. I asked to speak to a manager and was put on a phone with a woman who said that my mother-in-laws number would be removed. But I guess we'll see what happens. I am going to look into getting a lawyer, because I saved all my voicemails from this company.


Submitted by anc526 on Thu, 04/29/2010 - 19:23

anc526

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Quote:

Originally Posted by paulmergel
it's an illegal loan shane.it doesn't matter if it's in collections or not.this is an illegal debt.everything they are doing is illegal...nuff said.


How do you know that what they are doing is wrong?If the account has been transferred to collection agencies & client is getting calls from those agencies then they can do it,because they are not illegal!!!And the client is also not sure whether he is getting the calls from the collections agencies or payday loan companies,Isn't it????


Submitted by shane rogers on Fri, 04/30/2010 - 07:12

shane rogers

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because shane as i stated.pdl's are prohibited in PA,and LMK is a bottomfeeding FDCPA violating scam collector.just them stating if anc526 doesn't answer then they can call anybody is illegal.the collector has one call to another party.to get contact info.that's it.them stating they can call whenever they can't reach anc526 is wrong,and illegal.please don't try this.you are defending a scam collector.read up on the FDCPA before trying to tell me what's illegal,and what's not.okay?


Submitted by paulmergel on Fri, 04/30/2010 - 07:20

paulmergel

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Under the Fair debt collection act you can sue this company for up to 500.00 each time they release information to your Grandmother. They must talk to you. If possible record them or save messages!! Go to Small claims court and sue the Pay day lender. In WI small claims is up to 5000.00. When their Attorney calls or after he wants to see you after initial apperance stand firm. He will most likely deal for some cash and erase your debt or erase your debt. You will be blackballed from these companies for a while and from the company you had loan with, but is that a bad thing? They also can not scare you in the license it's illegal. Good Luck!!


Submitted by on Fri, 04/30/2010 - 07:58

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