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insearchoftheanswer
insearchoftheanswer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 54542
Experience:  Practicing lawyer for 31 years
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I HAVE A PROBLEM WE ARE BEING HARRASED BY AN AGENCY THAT

Customer Question

I HAVE A PROBLEM WE ARE BEING HARRASED BY AN AGENCY THAT SAID WE OWE FOR A PAYDAY LOAN THAT WENT INTO COLLECTIONS IN MAY 2011, WE KNOW NOTHING ABOUT IT THEY WILL NOT PRODUCE A SIGNATURE FOR IT, WE TOLD THEM WE NEVER HEARD OF THE COMPANY IT IS AN ONLINE PAYDAY SERVICE THEY SAID THE LOAN WAS PROBABLE DONE IN 2009 THEY ARE NOT SURE, WHAT CAN WE DO
Submitted: 6 months ago.
Category: Consumer Protection Law
Expert:  insearchoftheanswer replied 6 months ago.

Hi Linda. My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  insearchoftheanswer replied 6 months ago.

This is a total fraudulent and ongoing scam and violates both state and federal law. They're not going to file any suit; they're just trying to intimidate you into paying something you don't owe. Respond to the agency by informing them that you do not owe this debt, that even if you did, the statute of limitations has run, that their communication violates Federal and state law, and demand he immediately cease and desist all further efforts to contact you and/or anyone else to collect this debt. Inform him that his threats of criminal prosecution constitute a violation of state law and the Federal Fair Debt Collection Practices Act and that you will be reporting each and every violation to your state's attorney general's office and the Federal Trade Commission. Each violation carries at least a $1,000 fine at the Federal level. Also let him know that should he be stupid enough to file any negative credit report, you will be filing a defamation suit against him for both your actual and punitive damages. In my experience, the fines under the Federal Act, and the report to the attorney general's office, and the threat of the defamation should be an end to these collection efforts.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (hopefully Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 6 months ago.
am i paying for computer service and telephone call i cannot afford both
Customer: replied 6 months ago.
THIS IS FOR RICHARD THAT JUST SENT ME THIS E MAIL
Expert:  insearchoftheanswer replied 6 months ago.

No...you do not need to pay for a phone call; I have provide you all the info you need here. :)

Customer: replied 6 months ago.
NO I HAVE NOT GOTTEN WHAT I NEED, THEY SAID THEY ARE GOING TO SEND THE FILE IN FOR US TO BE SENT TO COURT, THEY SAID THEY HAVE ROBERTS SS AND HIS ADDRESS AND P#N THEY SAID THEY ARE GOING TO SERVE US THEY ARE A LEGITIMATE BUSINESS, WE CANT GET THE SERVICE WITH YOU TO TAKE MY CARD INFORMATION IT IS THE RIGHT NUMBER I KEEP PUTTING IN BUT IT WON'T TAKE IT, PLUS THEY SAID WE CANNOT GET OUT OF PAYING IT THEY SAID IT WAS UP TO THE JUDGE
Expert:  insearchoftheanswer replied 6 months ago.

Believe me, they are not going to do any of this; they have no legitimate case or basis for a law firm; they are merely telling you this to scare you. They are not going to file any suit; they are simply a collection agency violating Federal law.

Customer: replied 6 months ago.
I AM JUST WAITING FOR PHONE CALL FROM RICHARD IT TOOK MY CARD INFORMATION
Customer: replied 6 months ago.
PLEASE CALL ME THEY TOLD ME THAT THEY ARE GOING TO SEND PAPERWORK SO MY HUSBAND WILL EITHER BE SERVED AT HIS JOB OR AT HOME THAT DOESN'T SOUND LIKE A SCARE TACTIC TO ME
Expert:  insearchoftheanswer replied 6 months ago.

Hi there. I keep getting "payment failure" message. But, I promise you they are not going to do anything of these things. They threaten these things because they work to scare people into paying money they do not owe. Please don't let them intimidate you!!!

Customer: replied 6 months ago.
I HAVE BEEN SENDING PAYMENT UPDATE IT IS UPDATED WAITING FOR PHONE CALL FROM RICHARD
Expert:  insearchoftheanswer replied 6 months ago.

I will contact customer service on your behalf to see if they can help. This is what I see: "Status: payment failure." Thanks for your patience!

Expert:  insearchoftheanswer replied 6 months ago.

Good morning. Did you ever hear anything from customer service? Thanks!

Customer: replied 6 months ago.
THEY ALREADY DEDUCTED THIS FROM MY ACCOUNT I WANT TO KNOW IF THIS CAN GO TO COURT THEY ARE A LEGAL BUSINESS, THEY ARE NOT LIKE THE PEOPLE FROM IRS THAT HAVE BEEN CALLING ME THEY ARE FAKE.
I WAS WAITING FOR PHONE CALL LAST NIGHT, THEY ARE LIKE PARALEGALS
Customer: replied 6 months ago.
IT TOOK MY CARD INFORMATION IT IS ON MY BANK ACCOUNT TODAY THIS WAS PAID
Expert:  insearchoftheanswer replied 6 months ago.

I can't access the phone call until payment goes through...it's the way JA works. They will not go to court with this; they're simply trying to scare you. Too often it works, but please don't let them.

Customer: replied 6 months ago.
test.
Expert:  insearchoftheanswer replied 6 months ago.

Hi there. Can I help further?

Customer: replied 6 months ago.
I NEED TO KNOW IF THEY CAN TAKE ME TO COURT THIS IS FROM YESTERDAY THEY ARE A LEGAL COMPANY NOT A SCAM
Expert:  insearchoftheanswer replied 6 months ago.

They will not take this to court. They may be a legal company, but they do not have a legally valid claim. There are simply trying to intimidate you into paying you something you don't owe.

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