Share post
member profile picture
Posts: 24
Credits: 0
[Donate]

I am getting a call from North Eastern saying they are representing CashNet USA. They said they are taking me to court for $997.43 because of what they consider bad checks. I closed out my account 3 years ago because they had been paid over and over again. Can they sue me and garnish my checking account now? They are also saying they are going to press charges against me as a misdemeaner with Allegheny Court System. First of all this is a collection agency, so I know they can not sue me. I logged into Cashnetusa. It states my loan was sold to another company. Any help with this would be great. I cant have my money taken from my checking account, that is how I pay my bills to support my kids. I am a single mom now and only have one income.




A creditor or collection agency can legally sue you for the amount you owe them. Whether or not they can garnish your wages depends on your state's laws and cannot be done without a judgment from a trial court. Every state has laws that limit the amount of a person's paycheck that can be garnished. They cannot press criminal charges based on what they consider to be bad checks, they can only press charges based on what the law considers to be bad checks.
You should first verify that North Eastern has the right to collect money from you. Never pay someone you're not 100% sure you owe money too. Then you should call customer service for Cashnetusa and find out exactly what's going on with the money you borrowed from them. If the loan has actually been sold you should have received a notice with the information as to who your new creditor is. Any money you paid to Cashnetusa after they sold your account MUST be credited toward your debt with the new creditor unless they can prove they told you who the new creditor is.

Sub: #1 posted on Thu, 05/13/2010 - 09:18

OVLG Attorney OVLG Attorney

(Posts: 511 | Credits: )

Well, this collection agency needs to send you a letter of collection before they can take ANY action. According to the FDCPA, they are required to send you a letter of collection via the mail within 5 days of their first initial contact with you, if and whent hey send you a letter of collection you will have 30 days to dispute it. Within that 30 day window you will need to send them a 'debt validation' letter which requests that they prove you owe the debt and they are legally able to collect on it. The next time they call, inform them of this, and don't admit or deny to owing this debt, simply tell them you won't discuss anything with them until they send you a letter of collection via the mail as required by federal law!

Sub: #2 posted on Thu, 05/13/2010 - 10:54

Shazzers Shazzers
Moderators Cum Industry Expert
(Posts: 17345 | Credits: )

Quote:
Originally Posted by strangclan
I am getting a call from North Eastern saying they are representing CashNet USA. They said they are taking me to court for $997.43 because of what they consider bad checks. I closed out my account 3 years ago because they had been paid over and over again. Can they sue me and garnish my checking account now? They are also saying they are going to press charges against me as a misdemeaner with Allegheny Court System. First of all this is a collection agency, so I know they can not sue me. I logged into Cashnetusa. It states my loan was sold to another company. Any help with this would be great. I cant have my money taken from my checking account, that is how I pay my bills to support my kids. I am a single mom now and only have one income.


well for starters.as shazzers advised.they must first send you a dunning letter.that is a basic letter stating who they are,and who they are collecting for.i doubt you will get that as they threatened you with being charged with a crime.debts are civil matters,not criminal ones.lastly allegheny is in PA that means you live in a non-garnishment state.they can if they were legit attach your bank account,but not your wages.i doubt this is legit for the above reasons.next time they call.demand something in writing,and that you won't speak to them again until you get something.i would file a police report for the call as threatening you with a crime is against the law.then file AG,and FTC complaints against this IPDL buying scuzz.then do not speak to them again.

Sub: #3 posted on Thu, 05/13/2010 - 11:39

paulmergel paulmergel
Moderators Cum Industry Expert
(Posts: 15512 | Credits: )

Sub: #4 posted on Wed, 11/28/2018 - 20:26

Unregistered


Attachment
More information
  • Files must be less than 500 MB.
  • Allowed file types: txt pdf jpg jpeg png.


Page loaded in 0.697 seconds.