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Law Pro
Law Pro, Attorney
Category: Business Law
Satisfied Customers: 24869
Experience:  20 years experience in business law - sole proprietor, partnership, and corporations
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I got a payday loan, lost my job and forgot to pay it when

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I got a payday loan, lost my job and forgot to pay it when I found a job. Now I have someone calling saying that their is a lawsuit against me and that I will be arrested for stealing. Is this true?? They want all of the money at one time, but I can't do it. I have no help. I have never been arrested or even got in trouble. Tell me what to do.

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Sorry for your situation.

Anyway - NO - those are illegal threats and violation of the law.

Do you know who the person and company is that's calling you?
Customer: replied 3 years ago.


No

OK, they are clearly in violation of the federal Fair Debt Collections Practices Act and the Consumer Protection Law.

What practices are off limits for debt collectors?

Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:

· use threats of violence or harm;
· publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
· use obscene or profane language; or
· repeatedly use the phone to annoy someone.

False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:
· falsely claim that they are attorneys or government representatives;
· falsely claim that you have committed a crime;
· falsely represent that they operate or work for a credit reporting company;
· misrepresent the amount you owe;
· indicate that papers they send you are legal forms if they aren’t; or
· indicate that papers they send to you aren’t legal forms if they are.
Debt collectors also are prohibited from saying that:
· you will be arrested if you don’t pay your debt;
· they’ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
· legal action will be taken against you, if doing so would be illegal or if they don’t intend to take the action.
Debt collectors may not:
· give false credit information about you to anyone, including a credit reporting company;
· send you anything that looks like an official document from a court or government agency if it isn’t; or
· use a false company name.


Are they calling you routinely?

How much do you allegedly owe?

What was the original amount of the payday loan?

Whom did you borrow the payday loan from if you can remember?
Customer: replied 3 years ago.


Yes, they are call regularly. They said I owe $710, but it will turn into $8,000 if I go to court and I original borrow $500. I thing their called Advance America. They said I can get arrested and probably be held until court date.

OK, what I want you to do is:

1) the next time they contact you get the person's name, their title, company address, reference number of the alleged loan, and their phone number.

2) make a list of times and dates they contacted you if you can remember.

3) Then immediately contact a local consumer protection attorney or "Lemon Law" Attorney.

Ask them if they handle violations of the Fair Debt Collections Practices Act.

Inform them of the events - that this person is threatening you and saying that you committed a crime.

Give them all the information an make an appointment.

The attorney will take your case for free because they get paid for their time and expenses from the collection company.

What will happen is - that they should contact the company and settle the matter with the company paying you for violation of the federal law.

Usually these cases settle for between $2k to $4k depending on the number of violations and what violations were done.

Section 813 of the Fair Debt Collection Practices Act (FDCPA) provides for civil liability
for a violation of the Act in the form of actual and statutory damages, as well as court costs and reasonable attorney’s fees.

Punitive damages are not available under the FDCPA.
If a debt collector is found to have violated the FDCPA, § 813(a) entitles the consumer to recover actual damages as well as statutory damages of up to $1,000 plus recovery of attorney's fees and court costs.

This is why attorneys routinely like and want to take these cases - they get paid by the wrongful collection company for their violation of the law.



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Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!