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legalg, Attorney
Category: Business Law
Satisfied Customers: 7066
Experience:  General Practitioner. Research Attorney
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I have the same call that someone had also received on your

Customer Question

i have the same call that someone had also received on your website. The are saying they are from Carson Legal Mediation and that they are going to call scott county police and issue a warrant for my arrest from a payday loan place that wasn't paid for back in 2013. I paid for that loan and they said that if I cant come up with a letter from the loan place saying the loan was paid in full and if I don't have the letter than I have to pay them $1051.00 or they will have me arrested. I cant find anything on Carson Legal Mediation directly with that business name any where.
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Iowa
JA: Have you talked to a lawyer yet?
Customer: They even called my friends and family???? no I haven't...My family called me and told me that they called and asked for me so I called them back and now they are saying I have until 2pm CST today to pay or I am going to have a warrant out for my arrest.
JA: Anything else you think the lawyer should know?
Customer: Just that this loan did happen, but it was paid in full by the loan place taking the payment directly out of my account 3yrs ago. And the Carson Legal said that if I just show them the transaction wont be good enough not unless it has the loan places account # on the transaction. The transaction doesn't have the acct# ***** it. I told them that they need to send me something showing that their request is ligament and they sent a document via email that shows no stamps notary, or even a good company logo, and the phone # is a cell phone #..... I don't know what to believe.
Submitted: 1 month ago.
Category: Business Law
Expert:  legalg replied 1 month ago.

I am very sorry to hear this;

basically, debtor's prison is a common law concept that was used during the colonial period (and in England) but that is no longer the case;

basically, if a person owes money, the creditor needs to go to court and prove their case- the "prima facie elements" - so for example, proof of a contract, breach of that contract, and damages. The plaintiff has the burden of proof so if the plaintiff (creditor) is not able to provide proof, the court can dismiss the case (and even award defendant attorney fees and court costs if it is deemed frivolous).

So if a creditor calls requesting money, under the Fair Debt Collection Practices Act, the creditor cannot continue to contact the consumer once the consumer requests for validation of the loan; validation of the loan means that the lender and NOT the consumer must provide proof; until that is provided,they cannot contact the consumer.

Furthermore lenders are restricted from contacting family/friends, or in any way harassing the consumer- INCLUDING threats of jail/imprisonment/arrest.

Each violation exposes the lender to $1,000 fine- per incident;

normally if the Fair Debt Collection Practices Act is mentioned the lender will then leave that victim alone, and try and find someone who is not aware of similar scams.

for more information please see:

A complaint can be filed here:

and the government will look into the situation.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalg replied 1 month ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!

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