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Zoey, JD
Zoey, JD, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 25405
Experience:  18+ years of NYS litigation experience.
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I received a call about a payday loan I supposed to have taken

Customer Question

I received a call about a payday loan I supposed to have taken out. The callertold me if I did not pay that they would have the cookcl country sheriff come to my house and arrest me because I would have a warrant out. I think this was a scam what do I do
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Zoey, JD replied 1 year ago.
Hello,
My name is ***** ***** I will assist you with this question.
In tough economic times, unscrupulous people crawl out of the woodwork and try to coerce people into paying money to resolve debts that they don't really owe, and that sounds like what is going on here. If you know you have not taken out a Payday loan and cannot really owe this company any money, you are likely correct.
Further, we don't have debtor's prisons in this country and threatening that someone will be showing up at your home to arrest you is not only inaccurate it is strictly illegal.
Tell them that you are disputing the debt and follow that up with a letter to that effect referencing the Fair Debt Collections Practices Act. That's the Federal act that protects consumers from overaggressive and unethical debt collectors. The FTC gives a wonderful overview of the overaggressive and/or fake collection agencies and how to get them off of your back, where to report them, where to learn more, etc. And it's pretty straightforward. You can access that here at
http://www.consumer.ftc.gov/articles/0149-debt-collection
Once you have done disputed the debt, they cannot harass you money or they can be fined by the Federal Trade Commission $1,000 harassing contact. They can sue you for the money you owe if you really do owe it. But if they owe it, they will validate the debt and send you written proof that you do have an unpaid loan.
If you are convinced that the folks who called you are not a real collection firm but an out-and-out scam, then you can also report the company and their fraud to the FBI at IC3.gov which is their Internet Crime Complaint Center and to the Federal Trade Commission at FTC.gov