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Arrest for defaulted payday loans??

Submitted by on Sat, 05/05/2007 - 06:58
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Can you be arrested for a defaulted payday loan?


In a word, NO. You cannot be arrested for defaulting on a payday loan. That threat is used widely by many payday lenders - mostly internet lenders, when they know they could get into trouble for lending where they are not licensed to do so. They are counting on your fear of being arrested to keep you from looking into them further, and they are hoping your fear will make you pay anything to get them off your back.

Tell us what state you're in, who you have loans out with, and how much you have paid on each loan, and we'll be able to offer you some concrete advice.


Submitted by SUEBEEHONEY70 on Sat, 05/05/2007 - 07:35

SUEBEEHONEY70

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I live in the state of Louisiana. One loan is with Cash Call. I made the first installment of 125.00. I am late with the second payment of 216.00 by 4days.
I also have a 300 dollar payday loan with Ace check cashing agency. My account is one week late. I have renewed this loan twice already. 45.00 each time.


Submitted by on Sat, 05/05/2007 - 18:03

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My husband defaulted on a payday loan in Sacramento, Ca,
but now we live in Florida. There is an investagator telling my husband that if he does not pay then they will turn it over for prosecution as a mistameanor in Sacramento. The loan is over two years old.


Submitted by on Thu, 09/04/2008 - 09:35

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I live in Pennsylvania and I have a person calling me threatening to have me arrested today for a payday loan that I actually believe I paid already.


Submitted by on Fri, 11/21/2008 - 11:22

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tell the bottomfeeder to come and get you.watch them backtrack big time.


Submitted by paulmergel on Fri, 11/21/2008 - 11:40

paulmergel

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Have a payday loan in Texas and i lost my job in the process can u be arrested for defaulting on this


Submitted by on Thu, 04/16/2009 - 16:19

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You cannot be arrested for a debt. It is a civil matter not a criminal offense.

IF the company is LEGAL and Licensed to lend then the worst case scenario is you can be sued for nonpayment. The company can be awarded a judgment in there defense. This rarely happens, but it is possible. Hope that helped :wink:


Submitted by Cool_Abyss on Thu, 04/16/2009 - 16:22

Cool_Abyss

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i am in alabama my payday lons will be defaulted tommorow i called the lenders and warned them my account is closed because when i took out the loans several others withdrew funds. They said they would have to hit the account anyway. one of them is loan by phone i borrowed 125.00 payback is 146.00 the other is ezpaydayloans.com borrowed 200.00 payback is 260.00. What should i do???? loan by phone i know is legit not sure about the other. Can they get me for a bounced check although it was ach?


Submitted by on Thu, 08/13/2009 - 20:29

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These lowlife PDL's and the collectors who buy their information are completely without shame, aren't they? And it's even worse when you KNOW that you've paid off your loans and the collectors are trying to scare you into paying more money. As paulmergel said, I tell 'em to come and get me, I'll be waiting.


Submitted by on Fri, 08/14/2009 - 04:38

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I had A company by the name of Morgan Stone and Associates contact my Grandmother trying to get 1000.00 out of her telling her if that payment wasnt made that i would be prosecuted for writing checks across state lines for a payday loan. Another call was placed to my mother for the same thing. Before i called the company i got hold of the FTC to see if there practices were allowed and to see if in fact i could get arrested. They told me no and i now have acase file against them. When i called the company i told them if iowed the money i would be more than happy to pay it if they could come up with the original paperwork. They claimed i couldnt get any of that until the loan was paid off. They also claimed they recorded our conversation after my conversation was almost over which i believe is illegal. They also checked my parents credit knowing they had credit left on there cards trying to get me to put it on one of there cards telling me then they would halt all collections.I called the FTC and tthey told me to Counter sue if not Sue them For their actions. I offerd to pay these people back at 50.00 a month with an email dated and timed by the request of the FTC and they told me to send them a certified letter as well. before paying however the have to produce original copies of the loan paper work. The name of the original loan company was( Pay Day Yes). the loan was taken out here in Victoria Tx 77901. Are they leagally registerd to work in this state. And two did i take the correct measures? Thanks


Submitted by on Sat, 09/05/2009 - 07:42

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I have received a phone call by a guy saying that he is an investigator. He stated that if I didn't pay back a payday loan he will be turning over my info to the county I live in and a warrant will be out for my arrest. I live in Nashville, Tn.


Submitted by on Fri, 09/18/2009 - 11:54

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I was told by the banking office in PA that you can be responsible for these loans as they are made under other state laws . Is this true? ANyone else from PA have PDL's not paid??


Quote:

Originally Posted by SUEBEEHONEY70
In a word, NO. You cannot be arrested for defaulting on a payday loan. That threat is used widely by many payday lenders - mostly internet lenders, when they know they could get into trouble for lending where they are not licensed to do so. They are counting on your fear of being arrested to keep you from looking into them further, and they are hoping your fear will make you pay anything to get them off your back.
Tell us what state you're in, who you have loans out with, and how much you have paid on each loan, and we'll be able to offer you some concrete advice.


Submitted by on Tue, 09/22/2009 - 06:04

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I got a call from a collector in alabama saying that i was about to have a warrant put out on me because of nonpayment of a loan. I live louisiana and I just got a job. I told I would pay as soon as possible but he gave me to the 27th. I told him i would try to have it then but I'm afraid i won't. Will I go to jail? Is this legal?


Submitted by on Sun, 01/24/2010 - 07:19

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I have been getting a phone call from the Department of Crime Prevention and they are telling me that I got a pay day loan for a certain amount and was loaded on to my pre-paid card which you cannot do as I have tried. Also they have been threatening to contact the local authorties to come to my work and now to my house. It doesnt really scare me because I know you be arrested for this but it just makes me mad. I do not have a payday loan with them and what is scary is that they have all my information. I have check with my card that they supposidly deposited the money onto and the day but there was nothing. (DUH) And he also told me that I had taken money out from an ATM. I said if you know that, then that is illegal due to the Privacy Act. What is your advice????

Quote:

Originally Posted by SUEBEEHONEY70
In a word, NO. You cannot be arrested for defaulting on a payday loan. That threat is used widely by many payday lenders - mostly internet lenders, when they know they could get into trouble for lending where they are not licensed to do so. They are counting on your fear of being arrested to keep you from looking into them further, and they are hoping your fear will make you pay anything to get them off your back.
Tell us what state you're in, who you have loans out with, and how much you have paid on each loan, and we'll be able to offer you some concrete advice.


Submitted by on Thu, 04/22/2010 - 13:38

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I have done a lot of reading about how you cannot be arrested in Texas for defaulting on an online payday loan. That puts my mind slightly at ease, however, this agency called me today - HPC - based out of Florida, I guess (I live in Texas). I was told that I would be arrested for passing a hot check under the Hot Check law that Texas has. I never physically wrote a check for the payday loan, and while I know I owe on the loan, and I'm more than willing to pay it off - in installment payments - can they arrest me for the hot check thing? I don't know legal stuff well, but it seems to me from what I've read that when I took out the payday loan, there would be no way for me to have known circumstances would have changed preventing me from paying it. I just want to make sure I won't go to jail. I tell you what, I'll NEVER do a payday loan again. This is so stressful.


Submitted by on Thu, 04/29/2010 - 11:37

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I have out a loan with admit upfront and instant loan and fdb loan company and zip.com total of 1000 I am now 2 payments behind i emailed and told them when i could possibly pay them back but i am getting threats at work at home by email i live in virginia but these was online i dont know what they can do. but i thought the law for these types of loans was now they have to give you atleast 2 months to pay them back before the harassing phone calls and threats i thought a bill had went out enforcing this


Submitted by on Fri, 04/30/2010 - 16:58

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i live in pennsylvania and i had a payday loan with cashnet usa in 2007 it was supposed 2 be taken from my acct but was not because i stopped it and now i have a supposed legal company calling and threatening to press bad check chgs... i dont have a prob repaying it on installments but i cant get a letter or anything from them with their info or the terms of the repayment all they want is for me to get a prepaid visa and pay it that way over the phone......now what can they actually do that


Submitted by on Fri, 05/21/2010 - 10:11

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Quote:

Originally Posted by Anonymous
i live in pennsylvania and i had a payday loan with cashnet usa in 2007 it was supposed 2 be taken from my acct but was not because i stopped it and now i have a supposed legal company calling and threatening to press bad check chgs... i dont have a prob repaying it on installments but i cant get a letter or anything from them with their info or the terms of the repayment all they want is for me to get a prepaid visa and pay it that way over the phone......now what can they actually do that

You need to file a complaint against whoever is telling you these things because they are full of crap! File charges with the FTC, BBB and your AG asap! The next time this collection agency calls, tell them they are required by federal law (FDCPA) to send you a letter of collection via the mail, if they refuse to do so then file more complaints. These collection agencies need to be reported, as many times as it takes to finally get the point across to our officials. If there was no check involved, they can not press charges for a bad check, besides, owing a debt is a civil matter, not a criminal one.


Submitted by Shazzers on Fri, 05/21/2010 - 11:00

Shazzers

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Quote:

Originally Posted by Anonymous
I defaulted on a internet payday loan that banks legal dept. called me up today threatening to have me arrested. Can they do that?



Who's bank legal department called you, your bank or someone claiming to be connected with the PDL? They're not going to come to your house and have you arrested; tell them to send you something on company letterhead stating what is owed, etc. I'm betting you'll never, ever receive a letter.


Submitted by on Fri, 05/21/2010 - 11:44

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i have a payday loan with america cash advance payday loan which they say that they gave me but i dont see it on my bankstatement acn they come to my job and arrest me. they said i got the loan in sept 09 and now it is may 2010.


Submitted by on Tue, 05/25/2010 - 21:44

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Quote:

Originally Posted by Anonymous
i have a payday loan with america cash advance payday loan which they say that they gave me but i dont see it on my bankstatement acn they come to my job and arrest me. they said i got the loan in sept 09 and now it is may 2010.


even if you had a loan with this place(sounds made up to me)they can not arrest you as debt are civil matters,not criminal ones.


Submitted by paulmergel on Wed, 05/26/2010 - 06:15

paulmergel

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i think all these collectors should burn in 7734 cause they are all donkies who sit behind a desk with their fingers up their tails and try to scare us.me/you. hey guys got news im not scared of you. burn baby burn!!! u can't touch this!!! na na feel the sting!!:rolleyes:


Submitted by on Wed, 05/26/2010 - 08:04

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I have a loan with advanced America In Texas. I have not payed on it for 2 years. I had intended to pay it back but Time got rough and I could not afford to and now someone called me and said I was going to be served papers if I don't make payments. Can they do that. Can I be taken to court over this. I made a payment of 50.00 and I am suppose to make 1 payment for 90.00 and 2 more for 140.00 my loan was for 350.00. They say if I don't pay this then I need to get a lawyer. Because I will be going to court. I am laid off at this time so It hard to come up with the money to pay this. What to do I need Free Legal advice or Someone who Knows a lot about this.


Submitted by on Fri, 05/28/2010 - 07:56

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I live in Texas and took out a loan from an online company called Quick Cash. I now have a company calling saying they will file electronic charges and have me arrested. The original loan was for $300 and now they are saying I owe $4300.


Submitted by on Mon, 06/07/2010 - 19:37

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Quote:

Originally Posted by Shazzers
You need to file a complaint against whoever is telling you these things because they are full of crap! File charges with the FTC, BBB and your AG asap! The next time this collection agency calls, tell them they are required by federal law (FDCPA) to send you a letter of collection via the mail, if they refuse to do so then file more complaints. These collection agencies need to be reported, as many times as it takes to finally get the point across to our officials. If there was no check involved, they can not press charges for a bad check, besides, owing a debt is a civil matter, not a criminal one.

I was so glad to read this. I, too, defaulted on a cashnet online loan that was turned over to Federal Recoveries after years of the payday loan cycle. Could no longer pay so I closed bank account. Federal Recoveries called me at work a year later threatening a legal case against me. They proceeded to fax an employment & salary verification to my supervisor (how did they get her fax#??). I was frightened into making arrangements & have paid w/ a prepaid debit card $100/month since Jan 2010.

Recently, I quit making payments because upon contacting Cashnet to get a status on my acct, they showed my debt outstanding for the original 1300.00!!

Today Federal Recoveries contacted me @ work...after being asked not to back in Dec 09. I asked them to mail me in writing what I owed & what I have paid. They claim I still owe $1000 despite the $500 in payments I've made since Jan.

They threatened a complaint against me in my county (live in TX). I asked again for something in writing. They said they couldn't because they were just the processors. I hung up & a different person from the same company called 5 or so minutes later (still @ work) with the same BS. Hung up with him. 20 - 30 min later, my supervisor receives an employment & wage verification fax from Federal Recoveries!!! Ugh! Only good thing is that I was able to get a mailing address off the fax cover sheet...finally!


Submitted by on Mon, 06/21/2010 - 21:01

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Quote:

Originally Posted by Anonymous
I was so glad to read this. I, too, defaulted on a cashnet online loan that was turned over to Federal Recoveries after years of the payday loan cycle. Could no longer pay so I closed bank account. Federal Recoveries called me at work a year later threatening a legal case against me. They proceeded to fax an employment & salary verification to my supervisor (how did they get her fax#??). I was frightened into making arrangements & have paid w/ a prepaid debit card $100/month since Jan 2010.

Recently, I quit making payments because upon contacting Cashnet to get a status on my acct, they showed my debt outstanding for the original 1300.00!!

Today Federal Recoveries contacted me @ work...after being asked not to back in Dec 09. I asked them to mail me in writing what I owed & what I have paid. They claim I still owe $1000 despite the $500 in payments I've made since Jan.

They threatened a complaint against me in my county (live in TX). I asked again for something in writing. They said they couldn't because they were just the processors. I hung up & a different person from the same company called 5 or so minutes later (still @ work) with the same BS. Hung up with him. 20 - 30 min later, my supervisor receives an employment & wage verification fax from Federal Recoveries!!! Ugh! Only good thing is that I was able to get a mailing address off the fax cover sheet...finally!

All you need to do is send them a fax revoking their right to any and all wage assignments you may have signed, give it to your employer and that is the end. Wage assignments are revocable at any time.


Submitted by Shazzers on Mon, 06/21/2010 - 21:04

Shazzers

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I got a payday loan from a company called Payday yes online, they loaned me 200.00 dollars, I went out on medical leave at work for depression and then ended up loosing my job, I got a call from a guy whom said he is a paralegal, and that if I don't come up with 750 dollars by today he's going to turn it over to the States Attorney Office, I'm really upset, currently still taking medication for depression, I informed him I'm currently looking for work everyday, and just the frustration of nobody responding on my applications is hard enough without him calling me, then he asked if I have anyone that could bail me out of jail because he is going to have to go ahead and process the paperwork, Can they put me in jail for this?


Submitted by on Tue, 07/13/2010 - 12:52

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Quote:

Originally Posted by Anonymous
I got a payday loan from a company called Payday yes online, they loaned me 200.00 dollars, I went out on medical leave at work for depression and then ended up loosing my job, I got a call from a guy whom said he is a paralegal, and that if I don't come up with 750 dollars by today he's going to turn it over to the States Attorney Office, I'm really upset, currently still taking medication for depression, I informed him I'm currently looking for work everyday, and just the frustration of nobody responding on my applications is hard enough without him calling me, then he asked if I have anyone that could bail me out of jail because he is going to have to go ahead and process the paperwork, Can they put me in jail for this?


as stated before in this thread debts are civil matters,not criminal ones.whoever is calling is a scamming scumbag.when he calls again hang up in his face.he is not worth the time stressing over.he can't do what he threatens,and chances are this loan is paid anyway.just know to summarize.the guy who calls is a loser who is trying to scam you.this mope can't and won't do what he threatens.


Submitted by paulmergel on Tue, 07/13/2010 - 13:33

paulmergel

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Got a call from a guy in Dallas Texas stating he was with law enforcement agency in Dallas and he is filing charges 1 a felony and a misdemeanor for bad check with my local court house and have me arrested over an online payday loan from Payday Yes in 2007 is this possible????


Submitted by on Wed, 07/28/2010 - 13:19

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Quote:

Originally Posted by Anonymous
Got a call from a guy in Dallas Texas stating he was with law enforcement agency in Dallas and he is filing charges 1 a felony and a misdemeanor for bad check with my local court house and have me arrested over an online payday loan from Payday Yes in 2007 is this possible????


no it isn't in fact payday yes,or payday loan yes are two of the biggest piece of sh*t illegal pdl's out there.most likely it's one of their loser employees lying out of their a$$.file a police report for the call.then file AG,and FTC complaints against this mope.then ignore him as he can't do a thing he threatened.


Submitted by paulmergel on Wed, 07/28/2010 - 13:23

paulmergel

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About 5-6 months ago I took out a payday loan. Due to truly bad timing, I was without the total funds to pay back what was necessary, so when they went to take the money out, I started getting hit with overdrafts. And they'd try to debit every few days for about the first 10 days, then give up until the next month. So each month I had to fill up a $140 hole in that particular bank account.

Today I received an odd call from a Middle Eastern man, obviously in a call center, who claimed to be calling from a law firm in LA, and that I was being sued for a $250 loan I took out. The total amount was $745 that I owed, and if payment was not received by today, the case would be "downloaded," as he said. He also said they would forward it to the Harris County Sheriff's Department (Houston, TX), at which time they would discuss the matter with my employer as well.

Total charges after lawsuit, $5983, or so he says.

I asked to speak with his supervisor, and he told me that the lawyer does not speak with people that are being sued.
When I asked him repeatedly why he was calling me, he never would answer the question. And when I said, "Fine, how about we settle this right now?" he replied, "It's too late for that."

So my question is, why did he call me? If they do't want money from me, maybe I really am getting sued. But why the odd conversation with a man siting in a cubicle with a headset on? Has anyone else had this happen to them? Can they really hit me with that much money over a $250 payday loan that I couldn't pay back at the time?

And just so I'm clear, it is not a criminal offense, punishable by arrest in Texas, is it? I know people have repeatedly said on here that you cannot be arrested for this, but I want to make sure that's also the case in my state.

Thanks.


Submitted by on Thu, 07/29/2010 - 14:04

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Quote:

Originally Posted by Anonymous
About 5-6 months ago I took out a payday loan. Due to truly bad timing, I was without the total funds to pay back what was necessary, so when they went to take the money out, I started getting hit with overdrafts. And they'd try to debit every few days for about the first 10 days, then give up until the next month. So each month I had to fill up a $140 hole in that particular bank account.

Today I received an odd call from a Middle Eastern man, obviously in a call center, who claimed to be calling from a law firm in LA, and that I was being sued for a $250 loan I took out. The total amount was $745 that I owed, and if payment was not received by today, the case would be "downloaded," as he said. He also said they would forward it to the Harris County Sheriff's Department (Houston, TX), at which time they would discuss the matter with my employer as well.

Total charges after lawsuit, $5983, or so he says.

I asked to speak with his supervisor, and he told me that the lawyer does not speak with people that are being sued.
When I asked him repeatedly why he was calling me, he never would answer the question. And when I said, "Fine, how about we settle this right now?" he replied, "It's too late for that."

So my question is, why did he call me? If they do't want money from me, maybe I really am getting sued. But why the odd conversation with a man siting in a cubicle with a headset on? Has anyone else had this happen to them? Can they really hit me with that much money over a $250 payday loan that I couldn't pay back at the time?

And just so I'm clear, it is not a criminal offense, punishable by arrest in Texas, is it? I know people have repeatedly said on here that you cannot be arrested for this, but I want to make sure that's also the case in my state.

Thanks.


let's review.

1)an idiot i a call center.that says it all,but wait.
2)the old "downloaded"BS.haven't heard that in awhile.
3)he is in INDIA and can only call,and threaten.that is it.

so there it is you will not be arrested for this by this idiot.


Submitted by paulmergel on Thu, 07/29/2010 - 14:18

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The phone number did come from a Los Angeles area code though.

He called himself "Michael Johnson" in the voicemail, but when I called back, the other guy I talked to called him "Michael Jackson." When I called him on it he said, "Oh, Mr. Johnson went down to the court." Of course "Mr. Johnson" called only five minutes earlier...


Submitted by on Thu, 07/29/2010 - 14:47

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Stupid question, I KNOW, its written all over the forum that you can't be arrested or prosecuted for an online payday loan, etc etc.

However, I think my case is slightly different, and want to see if anyone can provide solid legal advice, or provide links to any websites I may be able to find information on. We live in TX, I am not sure what states the loan companies are licensed or placed in.

My husband recently got laid off, and to pay the bills, he went out and got 3 payday loans, each over $1000, with his last paycheck stubs, and actually wrote checks (2), or put his bank account information online (1) as an electronic check, for the repayment. He then closed his bank account, and opened another at a different bank. He has no intentions of paying these loans back in the near future. He says once we are both back on our feet he will consider it. He only just told me about this a month after he's got the loans, and I am so worried about how this is going to be handled. I understand debts are civil and they can not arrest you for that, but what about the hot checks? I've looked up some information that show that anything over $1500 is a state jail felony & punishable with up to 180 days & $10,000 fine. Would his bank prosecute for that, or would it fall on the payday loan companies? Where is the line between "hot checks" and "payday loans" to where it becomes criminal and not civil?

Any help would be greatly appreciated.


Submitted by on Fri, 07/30/2010 - 15:28

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