Deferring the payment There may be situations where the default in loan repayment is temporary. YES, in most cases. Many people report never receiving a notice of the lawsuit and end up with an arrest warrant obtained through the courts. Now I knew I had not taken out a payday loan at that time, so I said I am calling my attorney which I had at the time for another matter and do not have him retained now do what you need to do and hung up. Typically, calling them back only encourages them to continue calling.
In brief, short of proving that a victim has committed fraud, a collector or payday loan company cannot arrest you for defaulting on your payday loan. The only entity who can bring any criminal charges against you is the district attorney of the county that you live welovecars.cf://welovecars.cf 8 rows · · Recent headlines claim one man was arrested by U.S. Marshals welovecars.cf Can I go to jail for defaulting on payday loans? Date: Sat, 11/04/ I don't have the specific if your company charged excessive amount on your loan, but you have to pay the legal charges along with the principal amount. Take one of the debt management programs for doing your repayments. YOU CAN and WILL go to jail if you don't welovecars.cf
In addition, the Fair Debt Collection Practices Act of prohibits debt collectors from threatening or misleading consumers, which includes threatening arrest. In addition to rules on what collectors can say, it limits how and when they can contact you.
Get a free plan to ditch your debt. Hundreds of thousands of civil suits over debt are filed annually, sometimes with little documentation to ensure accuracy about how much is owed and who owes it. Often, simply going to court and asking the collector to prove that it has sued the right person for the right amount is enough to get the case dismissed or settled for less. There are a couple of instances in which aggressive creditors can exploit legal loopholes to seek or threaten arrest for debt-related issues:.
I seriously doubt that the call you received was from a collection company. But your lawyer can give you advice specific to your case. I got a call today from a MR. When I started asking a lot of questions he stared getting aggravated. Claims he was an investigator for North Star and Sagamore. But I usually recommend just hanging up when someone threatens you with arrest for simply defaulting on a loan. Is this legitimate, if I pay them the money am I paying the loan? It could be a scam, but it could be a legitimate offer to settle your debt.
Most of the scammers threaten to have you arrested, not simply file a lawsuit. Before sending any money, you should ask for the offer to be sent to you in writing. I had someone call and tell me they where from an attorneys office and that I had a lawsuit against me from a payday loan company and if I didnt pay they would have cops coming to my home or work to pick me up within a few days and they even had my address and bank info and work number and was calling me at work also had work address I ask for paperwork and he said until I paid in full I could not recieve it,,,,is this real or scam dont know what to do, ive gotten payday loans before online but didnt these and I was thinking they stole my info off the computer is this possible, they are all foreign men.
It sounds like a scam to me. If you actually owe the money, you may be sued, but not arrested. In regards to the comment I sent you earlier I done some research online a googled there number and found out they were actually tagged as scammers and were doing this to tons of other people all over the united states, Is there anything I can do to get them to quit harassing me at home and work or anything I can do at all to shut them down??
Thank you again for your time and help. In that case, the best move is usually to just ignore them. If they are legitimate debt collectors, you may have FDCPA or state law claims against them, as certain debt collection practices are prohibited. My advice is to contact a local attorney to help you determine if you have a claim and whether any possible claim is worth pursuing.
Do ppl really pay these ppl money?? I also put fraud alerts on my credit. I finlally went to no bank acct for a year to get it to stop. To answer your question, I think a few people might actually pay. I thought it was paid. She said her name. She told me that she would contact the collector to see if we can settle today in an amt. I should know better, I use to work for a Criminal Prosecutor.
I just want to know if this is a scam? I put in the company online, and there is scam from this but for other reasons.
I really feel that this needs to be posted, and I feel that this is not acceptable. What do you think? You could be charged criminally if you were bouncing checks, but then you would be charged by the District Attorney, not a debt collector.
To me, this sounds more like a crook trying to confuse you with jargon and official-sounding terminology. See my answer above to Melissa. About a month ago I got a call from a guy named Tony from Graves Lafeyette saying that I defaulted on pay day loan in After being harassed I agreed to pay on it, but after researching the company online I found that they were not very reputable so I did not pay.
Yesterday I get a call from the clerk of courts office saying that if I did not call Graves by 4 that they were charging me with check fraud. I said I did not have it. He said ok I am filing then 2 hours later he calls sounding very muffled from the police department saying that they just issued an arrest warrant for check fraud.
Is this a civil matter or criminal? Check fraud is a criminal matter, not civil. It may be different in other states, but I doubt it. To me, this sounds like a scam. They hope to scare you into paying. The above is general information only, and should not be seen as legal advice. The only advice I will give in this situation is to contact a local attorney.
I received a text message instead of a harrassing call. Wanted to speck with you prior to filing claim in Los Angeles County, there is a settlement option available.
We need to get resolution in a timely manner before claim is filed and processed. Give me a call or reply here for payment options available. Most of the scams involve a threat of being arrested. To me, this sounds like a debt collector offering to settle before suing. The problem with many debt settlement or debt assistance programs is that your creditors may still sue you if the company does not successfully negotiate a settlement.
If they reach a settlement, great. As always, none of this should be construed as legal advice. I received a very threatening phone call from a man, who stated he was a private contractor when I asked what comany he was from.
He then gave me a phone number and claim number to call. I made a few payments to them, and then lost my job. My checking account was subsequently closed due to the continued negative balance. Is it possible for them to bring me up on fraud charges? Just wanted to get your opinion, as it seems like I am not the only one who is going through this. No, private debt collectors cannot charge you with a crime. They can file a complaint with the local D.
If you truly owe the debt, the creditor can sue you, but not charge you criminally. Absent extenuating circumstances, defaulting on a loan rarely rises to the level of fraud. These calls are usually made by scammers, hoping to scare some money out of you. If you are worried that it might be legit, ask for a mailing address in case you decide to send a check. But the best advice for the scams is to ignore them. Because I cannot give legal advice over the Internet, I recommend you speak with a local attorney if you want advice specific to your situation rather than general information.
Now why in the world would a company in Alabama be calling to file charges on someone in Texas hummmmmmmmmm. If they are persistent or if you feel threatened, you should contact law enforcement immediately. I hope you laughed at him. Those people are like sci-fi creatures that feed on fear. Bret, Not sure this web site is still active?
I recently got married and a man called my Husband today, stating they are issuing a warrant for my arrest on theft ect: I thought I paid. The guy then called my work making the same demands had all my info SS ect past address.
The other a man called me, american accent. Asking me to verify my address so he could read me my charges. I asked him, what charges? He said I had to call a number to find out my charges, and he would call me back in minutes. I took my story to the police, they said I would have to get something in the mail, and to not worry about it and ignore the number. I am still a little nervous. But even if this is the case, the worst the legitimate creditor can do is sue you.
You cannot be arrested for simply defaulting on a loan. Arrests and criminal charges are reserved for those who obtain credit they do not intend to repay. Threatening arrest is a typical tactic used by scammers and unscrupulous debt collectors to frighten debtors into coughing up a bit more money. If you truly owe the debt, the creditor can sue you, but cannot have you arrested.
Of course, this is only general information and should not be construed as legal advice. For legal advice specific to your individual situation, you should contact a local attorney. No, you cannot be arrested for defaulting on a debt. You may be sued, but not hauled off to jail. Many of the callers claiming to represent creditors and threatening arrest are scammers hoping to scare some money out of you.
Is it legal to recieve text messages from payday loan companies? Can they threaten to talk to other people about your debt, like my employer and HR department? I am unaware of any law that requires one to disclose a bank account number to anyone over the phone.
I just received a call from a so called mediator from a number. When I mentioned I would consult with my cousin who is the deputy district attorney for Los Angeles he got irate and told me good luck because I was going to jail and hung up on me. Thanks for sharing your story. Of course, actually writing bad checks is a different story.
But criminal charges typically arise only where there was an intent to defraud a creditor. Or just laugh at him; they hate that. I have been reading everyones comments they have been very very helpfull, i have been getting the same calls from very high end CAlifornia office saying i wil be arested tommorow at place of employement and thia creditors have called my job, im afraid im devorced mother of 2 who just got employment. Can this really happend in NY i defoulted 3 years ago on the payday loan.
But I still have not heard of anyone actually being arrested for defaulting on a payday loan. Lots of threats by scammers, but no actual arrests by law enforcement. I called back at The stated that i would have no bond and I will have a court date on Jan 2nd and I will be sentenced to 8 months in prison. I was very affraid I still am! I kept the guy on the phone I asked him for documents he stated that he could not release the contract it is evidence all he could send me is a email of the letter demanding payment.
He emailed it to me and it looks like a invoice that is demanding money. I notice this letter did not mention any jail time at all nor does it say say anything about Jeffery being the Cheif procecutor requiring payment in lieu of my arrest tonight. I filed chapt 13 Bankruptcy on this loan and the bank inwich the checks where written out of on this loan in !
I am still in Bankruptcy now until Oct Jeffery stated that this is a Federal loan that I cannot file bankruptcy on! And that alot of people think that they can and per this contract I signed that is now considered state evidence it states that after 4 years the money is reported stolen and that is what makes it a federal offence because I stole the money and committed fraud by giving false information to obtain the loan!
I asked him haw did I steal the money and you had all my information and that you tried to garnish my wages inwhich prompt me to file chapt 13 in the first place? He again referenced this loan as a federal loan since it had not been paid off in 4 years and I had not made a payment.
I said you had to receive payment because the chapt 13 had to send you payment. And they would have told me if I could not enter this oan into the bankruptcy. I told him that it is no way I have that type of money on hand to give to him with no documents stating that my bankruptcy did not cover this!
I said ok, and tomorrow I will be in my Bankruptcy Attorney office seeing if they can have me arrested…….. I will let you know how this goes. The smartest thing you did was to contact your attorney. These scammers can be quite convincing, but they are just blowing a lot of smoke. I doubt that Mr. I just got the call. I live in PA the phone number calling was listed in California So you know one of the numbers to look for, What a [expletive deleted].
While I generally advise against engaging with these people at all, it sounds like your method was effective. Just want to know if they could charge me for that for a payday loan and is this a scam to get me to pay money over the phone. They are saying that I will have three charges brought against me: I did in fact contact the FTC and they essentially told me not to worry about it and that it was written exactly like other scams they are aware of.
Also in googling this, I found that the same exact email but with different contact phone numbers than the one on mine. I am curious what your opinion of this email is. Does the federal government actually red flag ss numbers? Can I really be charged with these things? But it sure sounds like one to me.
Lenders can sue in small claims without hiring a debt collector. Washington law may be different than Wisconsin law in this regard. I recommend you speak with a local bankruptcy attorney for advice specific to your individual situation.
If you are charged criminally by the D. Your advice is so helpful. I have a situation where a company by the name of Office of Federal Processing call me several times a day harassing me. I told her she should have talked to me first. This happened a couple of days before Christmas so that ended up being my gift. What would you advise me to do?
The main thing I want is for them to stop calling my family and disclosing all of my business. Most of the scams are overseas and nearly impossible to reach. But if this outfit is in the U. You should contact a local bankruptcy attorney. As with all of these situations, I advise you to speak with a local attorney.
However, as a matter of general information, such calls are typically scams or prohibited collection practices. Debt collectors do not have the power to arrest you for nonpayment. In cases of check fraud, the debt collector may refer the matter to the local District Attorney, who can file criminal charges.
But the debt collector has no standing to file criminal charges himself. I received a phone message today stating that they were going to file a fraud charge against me, presumably for a payday loan I could not pay, when I lost her my employment.
We were also informed they had called my previous employer and left a similar phone message, not even recognizing it was a business. They called my in-laws and said they were from the summons department in our county where we live and they wanted to talk to me before they proceeded with a case against me and arrest. Strangely, I noticed that the phone was unknown. Seems to me, if this were legit they would have our address.
If this had been from the courts in our area, the number would also have been listed. Their message said to call this number and extension but they never even identified the company that was supposedly doing this. I lost my job and income. I cannot pay this at this time. Should I call these people back? It certainly put a lot of fear in me until I thought about it a little bit.
They can sue by filing a civil complaint. I have a question. Me and my wife took a payday title loan. And ive been unemployed the past 2 months. Im days past due. So the loan is in default.
And the repo guy came to get the car but I dont have it anymore.. He repo guy said I can get arrested for grand theft auto. Is this true or will they take me too court.
I was told its illegal for them to use threatening scare tatics. So take anything he tells you with a grain of salt. Disposing of collateral may result in you being liable for damages for conversion in a civil suit, but it would be rare for such a thing to rise to the level of theft or criminal fraud.
Take advice from a local attorney, not the guy who makes his money by taking your car from you. When you speak to your attorney, be sure to detail what the repo agent said. I was past due on a payday loan so an atterney sent me a letter that the company is issuing a warrant for my arrest and that I may be seen on crime stoppers can this happen.
As you can see from the other comments on this post, debt collectors cannot issue a warrant for your arrest. They can sue you, but they must go to the District Attorney if they want to have you arrested. I have had this problem since last year.
I had to close and reopen my account I had to pay never have gotten my money back. Then the phone calls start saying I defaulted on my loan and the sheriff was coming for me. Then it went to I had 24 or 48 hours to contact or I was going to be arrested. They call my house my job. They are forgein with American names. I had to flag my ss and turn it in to the creditors. They have my information!!! Noe they have started to call its a American now and he says they are going to take my drivers and garnisheed my wages for the loan I recieved that I never repayed.
He told me himself about the forgein people with the American names, said he has heard about them. I ask him who he worked for and could I have the companys name contact info. He only gave me a name something I have never heard of. He stated he had no contact info.
I have no idea how to get rid of these people! I have turned it in to the attorney generals office but they continue to call. I am afriad they will get into my account again. I want it to stop! This sounds more complicated than the typical phone call threatening arrest unless a payment is made.
In my opinion, you should contact a local attorney as soon as possible. I recieved a call form a man in Chicago. He said i would lose my drivers liscense and be prosacuted for bank fraud. He told me they have to get the money now because time is running out for them to collect. Thay called my employer and said they were trying to serve me with legal documents. He said i could make payments so he wanted If i didnt call him back today it was going before a judge and i would be arrested.
In either case, my only advice is to contact a local attorney to help you decide if you should file an FDCPA claim, contact the appropriate law enforcement agency, or simply ignore this caller. To reiterate my main point, you cannot be arrested for merely defaulting on a payday loan. Debt collectors may sue you, but they cannot file criminal charges or order the local police to arrest you.
He is in Louisiana and said this is going legal and I could be arrested and he needs my attny. He gave me the debtor name of American Cash.
Never heard of them. Says there will be a warrant out for me because he is a legal firm. Could not find this law firm anywhere in LA. As a matter of general information, keep in mind that you cannot be arrested for simply defaulting on a payday loan. You can be sued, but not arrested or charged with a crime. Of course, fraud is a different matter. If you took out a loan with the intention of never repaying it, the district attorney could charge you criminally. The fact that this caller says he works for a law firm means nothing.
I am getting the same thing. I get a call and I do have a legitimate if you look it up it says another company but if you call back you do get same person with a foreign accent. They ask if a sheriff has been to my door. They have my last 4 of social security, address, drivers license and bank name. I hung up on him but he keeps calling back from same what do I do.
Ask if you should bring a toothbrush. As always, this is just general information and is not intended as legal advice. For advice specific to your situation, you should contact a local attorney. ID just like to say thank you for this online article. Then hung up and i havent heard a word since. I got a call from a local number this morning stating that he was a courier for the county and sheriff and had papers to serve me but only had my place of employment but would rather meet me at my home address.
He gave me a number to call and to give them my home address and then that company would turn around and fax him my home address and once he received that fax that he would call me so we could set up a time for him to meet me at my home. It just seems sketchy to me and scares me! Thank you so much for any advice you have! I greatly appreciate it!! I only give general information online; for advice specific to your situation, you need to speak with a local attorney.
I only give advice to clients. I think your instincts are serving you well. If the caller were a legit process server, he would have your home address. It sounds to me like this caller was just putting a new spin on an old scam. Please keep in mind that I do not give legal advice online. I only give legal advice to my clients; anything written here is simply general information that is not intended to be advice specific to your individual situation.
In general, a bounced check that was presented as security for a payday loan is not a criminal matter. When presented, the lender knows that the funds are not there to cover the check. There is no intention to deceive or assertion that funds are available and that the check will be honored. State laws vary, but this is the general rule. He said he was contacting me today in regards to a document that he received here through Bristol County.
Unfortunately the documents have my name and social security number on then and so they have been red blagged by the attorney pending this call. Unfortunately they do have a direct request of a signature so he will be stopping by my house as well as my place of employment over the next 72 hours, I have roughly until about 5: Upon his arrival, if i could show him identification as well as a witness present.
You have been given notice. Is this real or is it a scam? Please help, very worried. All I can do is give general information that you can use to decide if you need to contact a local attorney. If you are sued, you may be visited by a process server. Process servers do not typically call ahead, you do not need to show identification to be served, and witnesses are not required. Furthermore, process servers do not have the authority to place you under arrest or take you anywhere. They simply hand documents to you.
Hello- I received a call from an individual who was american statind I took out an internet loan in from CashNet USA and I have until 6pm today or the file will be released to by state for processing. He said I have felonies pending, check fraud, and internet wire fraud. Can these sort of charges occur from an internet company, I thought these were civil matters? I did have a loan with them but I thought I paid it off, I cannot remember.
You are correct; such loans are civil matters, unless you actually took them with no intent to repay or somehow fraudulently induced the lender to give you the funds. CashNet may pass its file off to a debt collector, but county District Attorneys rarely if ever pursue criminal charges in these cases. If you receive a lot of these calls, I recommend you speak with a local attorney. So i have received a few calls now from a man by the name of Christopher Anderson who says he is a criminal investigator and that i am being charged with check fraud, bank fraud, and wire fraud.
He is calling me from a texas cell phone number but claims the law firm he works for is Goldstein and Barone in New York. When i googled the law firm it comes up with a bunch of comments how this is not a legit company and that its all fraud. He also has a hotmail or gmail email address. I called the bad check unit of the state i live in which is not texas or new york and neither of them have anything recorded under my name.
How do i get him to stop? The more you contact scammers and ask them to stop, the harder they tend to push. If ignored, they usually move on to easier targets. My husband and I told loan companies we were filing bankruptcy about 3 weeks ago and we have retained a lawyer. Is any of this legal? The FDCPA allows debt collectors to contact third parties to obtain location information for you, but does not allow them to divulge the fact that you owe money.
You should definitely let your attorney know about the calls. Once you file the bankruptcy, creditors are not allowed to contact you without getting relief from the automatic stay. I just got a call from a foreign guy who said I was going to be arrested for not paying back a payday loan I never received. Said that there was going to be a police officer coming Friday to arrest me at work. I never received any money so why would they be bothering me for me to pay it back?
The call was from La and I live in West Virginia. He said I had three charges they were going to file against me today an that an officer would arrest me Friday at my workplace. That set an alarm off in my head that this could be a scam. But if it is indeed serious, and I never received any money from them, how can they charge me with not paying it back?
He called from a area code. I do have a outstanding loan and I was paying alittle at a time to another company. He said they sent the loan to him and he works for the states attorney. Why would the states attorney in Texas have my loan papers from Va. Is this person right and he can take a warrant out today. If a warrant is issued for your arrest on a criminal matter, you will not be given the chance to pay in order to make it go away.
The sheriff will simply show up at your house. This sounds like another version of the scam I mentioned at the end of the original post above. Is this a scam or can they actually do this?
If you really did write a bad check, you could get charged by the local D. If you really defaulted on a payday loan, you may be sued and the judgment creditor might be able to garnishee your wages. I recommend you speak with a local attorney. He or she will be able to give you legal advice regarding these calls. Over the past week I have been receiving calls at work and on my cell but I have not answered. They called from They left 2 messages a general mailbox at work stating that they are calling for my name and they have been retained that they will come to my work or home to serve me because they could not get me on the phone considered myself notified and I needed to call and to reference a number.
I got similar calls on my cell phone stating they are calling for me and on my voicemail stated my address and they they will come to my work or home to serve me but I can settle out of court with the plaintiff by calling them back at the number.
They call about times a day I can see on my work caller id. I do not want them to call me at work or at all. They never give the statement this is an attempt to collect a debt or anything. As always, I recommend you contact a local attorney. Be sure to check out the FBI info I posted above regarding scams. When I requested that documentation of loan taken out in , she said any arrangements would have to be made over the phone, no documentation would be or could be mailed and she had my address information incorrect.
At first the only thing that they could do is take off 1, What made me more upset is the voice mail that was left pertaining my name, birth date, age and address along with the threat that if not called back by 8pm will be arrested. I live in New Hampshire and took out 2 payday loans back in the summer of , after 2 months of both lenders clearing my bank account, the back involunterily closed my account, after falling behind on rent, facing eviction and not knowing how to feed my two children, I had to stop direct deposit.
They also tell me the paperwork has been filed in the county I live in a I would be served. When I recently asked for address, credential information they have hung up on me or been verbally assaultive, telling me the police will be arresting me if I refused to pay. I am still a single mother making just enough money to pay the bills to keep us afloat, like rent, food, heat, etc and cannot pay currently, I also have continuing health issues and these contant calls are only making me feel worse, like anxious, worried all the time.
These guys are so mean and have even called family of my childrens father looking for, as well as calling my parents and threatening them as well, telling them they will be arrested also for aiding and abedding. I am so stressed and have no idea where to turn or what to do next! The only help I can provide is to recommend you speak with a NH bankruptcy attorney. Although it sounds like many of those calls are coming from scam artists, an attorney can help you deal with any legitimate debts you may have.
Please read the FBI notice that I reposted above. If you do not owe the money, the FBI recommends you contact local law enforcement and file a complaint. If you owe the money, the FBI recommends you contact the creditor to confirm the balance owed. I received a call from a number that came up as Emergency.
The guy was saying he is Officer … badge number… and he was calling from my state police department. He said he received an arrest warrant for me and would be at my home in a few hours to arrest me. He gave me a case file number and a phone number and said I had to make arrangements with the people at this number to cancel the warrant. What seemed fishy to me was when I called the number the guy wanted me to get a GreenDot MoneyPak to send this money that I owe.
Is this a scam? That sounds a lot like the scam the FBI detailed above. As frequently stated, I am not licensed to practice law anywhere but in Wisconsin and nothing written here is intended to be legal advice. If you are concerned about this caller, you should contact local law enforcement or a local attorney.
I just got a call from a Cali number being extremely rude. I have taken out payday loans but they r either paid or with a payday loan consolidation. He should inform the lender of any such reasons without delay.
In case of defaults, banks or financial institutions seldom file civil recovery suits. This is because they need to bear expenses of default. The short answer to this question is YES. To avoid civil law suits, banks and other lenders may take any of the following routes:. This method may be useful if the Bank finds the quantum of EMIs as the reason for non-payment. In this case they can reschedule the amount of EMI payable.
This will reduce the monthly installment. There may be situations where the default in loan repayment is temporary. This may be due to any reason. For example, loss of job or any other unforeseen expense.
In this case, bank may opt to recover the debt later. The defaulter will get some relaxation for a particular time-frame. If you have a home loan then you can use this method to avoid defaulting in loan repayment.
Under this method, you can extend the loan repayment period for up to 1 year. In case of unsecured loan, the bank can convert it into a secured loan.