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Thomas McJD
Thomas McJD, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6515
Experience:  Experienced in general consumer protection law
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I have been harassed by a debt collector in California. It

Resolved Question:

I have been harassed by a debt collector in California. It was for a pay day loan I took out about 5 years ago. When he called me last Thursday he said he wanted 700.00 after I paid it they came back and said I owed another 2500.00 so I paid that on Friday last week but they wouldn't accept it because they said I owed another 2500.00 They gave me until today. Well today I told them I couldn't pay it. Well they contacted motor vehicles and they were suspending my license. Well I came up with the money and now they tell me they are going to refund the money because I left a voice mail telling them I did not have any more money. They are now going to take me to court but I tried to pay the 5000.00 they also said they are freezing my bank account what can i do
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Thomas McJD replied 1 year ago.

TMcJD :

Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

TMcJD :

The first thing to do is request validation of the debt. You need to ensure that this is legitimate and that you understand the various charges. You also need to know they cannot suspend your license. They also cannot freeze your bank accounts unless they have already sued you and obtained a judgment against you. It sounds like they're just using scare tactics.

TMcJD :

Under the fair debt collection practices act, you have the right to make a request (IN WRITING) for the debt collector to validate the debt.

TMcJD :

In addition, you have the right to make a written request that they cease further communication with you so that you can prevent continued harassment.

Customer:

The motor vehicle bureau called me this morning and said they were suspended it

TMcJD :

You should review the act, especially sections 805 and 809. Here is a link:

TMcJD :

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.shtm

Customer:

I have ask for his information but I just know his first name

TMcJD :

I would contact the vehicle bureau personally to ensure you were not receiving a bogus phone call. This may be fraudulent activity - a scam.

TMcJD :

When someone won't give you his/her full name and contact information, it's likely they're not really working for a debt collection company. If it is a real debt collection company, then they are breaching provisions of the fair debt collection practices act. See section 809.

Customer:

They will not send me any information about the debt or give me time to pay it. They give a couple of hours that is all

Customer:

Thia has me so sick, I take care of my 93 year old mother who is not well and it is weighing on me.

TMcJD :

Yes, it sounds like this may be a scam. You should review the act (at the link I provided). You should also consider contacting the Federal Trade Commission to report the scam. You should also consider contacting the state attorney general's office to report this as a possible scam.

TMcJD :

Don't pay any more money until you can obtain additional information. Based on what you've stated, nothing is in compliance with general procedures for debt collection. They're trying to scare you and get you to pay as quickly as possible - this is typical of a scam.

Customer:

why do you think the motor vehicle would call me and tell me they are suspending my license.

TMcJD :

As noted, that may have been part of the scam, which is why you should contact them yourself and inquire further into whether there is an actual or pending suspension and the reason for it.

Customer:

What has me worried is last thursday they said they were sending my 700.00 back by cashiers check and on monday I found out that they didnt they put it towards the payment.Plus I know I never borrowed 5000.00 they only give you maybe 300.00. they also said they were sending my 5000.00 back today

Customer:

They want me to come up with another 5000.00 by 3:00

TMcJD :

That sounds like a scam - scammers often send bogus money orders or cashiers checks. They then ask you to send them back some of what they sent you. You deposit it, withdraw cash and send it to them. Then a week later you find out the check was bogus and the bank takes that money away, which means you're out everything they sent you plus what you returned to them.

TMcJD :

Contact your state attorney general

Customer:

Thank you I will

TMcJD :

You're welcome. I hope you get it all figured out and taken care of. I hate this is happening to you - I know it's very stressful and that is the last thing you need to worry about when caring for your mother. Good luck

Customer:

Thank you

Thomas McJD, Lawyer
Satisfied Customers: 6515
Experience: Experienced in general consumer protection law
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Thomas McJD
Thomas McJD
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Experienced in general consumer protection law