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RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
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Experience:  Experienced in multiple areas of the law.
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i took out a loan through one of them online loan places-cash

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i took out a loan through one of them online loan places-cash yes. I didn't quite understand the fine print- I thought I'd be paying 90 a week and some would go toward the principal and the rest on finance. out of the few payments made,it all went toward financce and none toward the principal. also the amounts started changing without my knowledge and caused my account to bounce and fees stared and messed up my account. I worked with a bank member who saw the various amts and I showed her it was supposed to be 90 a week. I put a stop payment. When I spoke with cash yes I told them I needed a more affordable payments- I was unemployed during summers(im a busdriver) They would not agree. I forgot about it. We moved, my son went in the army etc. Then last week a lady called and said she was serving me with a summons. I told her i was on the bus and i only had a minute and i had to go i would call during my break. She said if i didnt talk then i was being served. i had to go. Yesterday i received a call i was again on the bus I tried to explain I had to go she didnt want to hear it i either talked (she implied she didnt care if i lost my job) or I was being served the summons accused me of felony charges- writing bad checks(By stopping my payments)intent to defraud and no intention to pay back- that if i took it to trial i would lose. she demanded i provide bank access and make a payment of 25% of $1002(all interest and finance) and 127. 50 every week by today or I was being served on felony charges. is this legal? do I have any recourse? or should I just pay up and shut up? The interest rate on a 200.00 loan is like 400 % i didnt realize.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  RobertJDFL replied 3 years ago.
Good morning, thank you for your question.

First, you don't get served with a summons for a felony, so if that's what they told you, they're just misleading you. Yes, they could report this as theft, but the reality is that most of these payday loan/cash advance cases aren't criminal in nature, because that requires intent. Unless you purposely took out the money knowing you were never going to pay it back, it's not theft.

Of course, any creditor can sue you and try to get a civil judgment against you. Then once they get a judgment, they can garnish wages, etc., to satisfy it. But, a creditor is not permitted under the Fair Debt Collections Practices Act to threaten you with a lawsuit, or to threaten you with criminal charges as that violates the law and you can file a complaint and/or sue for damages. You also have the right to contact the company and tell them not to contact you again.

You can write a letter to the agency telling it not to contact you by phone, not to call at certain times or locations, or not to make any further contact at all. This last request does entitle the collector to contact you one more time to inform you of what, if any, action it intends to take to collect the debt, but not to threaten you.

You should send such a letter by certified mail and request a return receipt. If the company has a fax number, send the letter by both fax and by mail. Understand, telling the collection agency not to contact you should stop the phone calls, but it won't stop the collection efforts.

If you have exhausted all strategies in dealing with the debt collector and the collector continues to use illegal, unfair and abusive practices, you may file a complaint, sue the collector, or both.

  • Federal Trade Commission. (www.ftc.gov) The FTC is the government agency that enforces the FDCPA. It may bring an action in federal district court against a debt collector that violates the law. Understandably, the agency does not have the resources to bring a court action on behalf of an individual or against every collector about which it receives a complaint. But the agency can and does take action against the most egregious offenders.

The FTC's primary source of information about abusive collection practices is through consumer complaints. It offers an online complaint form on its web site, www.ftc.gov.


The FDCPA allows individuals and class action plaintiffs to sue in federal or state court within a year of the violation. Under the FDCPA, if you win, you may recover actual damages plus up to $1,000. Attorney fees and court costs may also be recovered.

There are many private practice attorneys who specialize in assisting consumers who have experienced violations of state and federal debt collection laws. The web site of the National Association of Consumer Advocates, www.naca.net, provides a directory of member attorneys. The search process enables you to find attorneys near you and to specify those with debt collection experience, http://members.naca.net/findanattorney/ .


I hope this information is helpful. If you have follow-up questions or need additional clarification, please click reply and I will be happy to assist you further.

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RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 10266
Experience: Experienced in multiple areas of the law.
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