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WALLSTREETFIGHTER
WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 16119
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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good morning, My name isXXXXX took out 3 small

Resolved Question:

good morning, My name isXXXXX took out 3 small loans over the internet and now i have this gentleman calling me saying that there are fraud charges against me. Im wondering if this has happened before to other people. The guy had an accent and hung up on me when I said that the loans were given to me that the company looked at my credit history and gave me the money. The first was 350, second was 150, and 3rd was 100. The 100 dollar one was based out of San Francisco, the other two I believe were California also. I do get paid and am able to pay each one back on the due dates that I have set up. This guy is telling me I need to pay him 500 or the police will come arrest me tomorrow at my job. Is what he doing legal? Are these charges even real?
Submitted: 1 year ago.
Category: Legal
Expert:  WALLSTREETFIGHTER replied 1 year ago.

WALLSTREETLAW :

Hello I am a licensed attorney. I am here to help answer your questions. Please do not hesitate to ask for clarification

WALLSTREETLAW :

The actions of the creditors, are against the law and in violation of the Federal Debt Collection laws,

WALLSTREETLAW :

in no State can an individual go to jail for not paying a debt,

WALLSTREETLAW :

What you can do is contact them, and State you are filing an FTC complaint against them for their collection tactics, and will file a claim with the State Attorney Generals office.

Customer:

okay i was just worried that because I took out the 3 loans that arent even due yet that they were putting fraud against me. He said it was because my credit was bad.

WALLSTREETLAW :

What practices are off limits for debt collectors?


Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:



  • use threats of violence or harm;

  • publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);

  • use obscene or profane language; or

  • repeatedly use the phone to annoy someone.


False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:



  • falsely claim that they are attorneys or government representatives;

  • falsely claim that you have committed a crime;

  • falsely represent that they operate or work for a credit reporting company;

  • misrepresent the amount you owe;

  • indicate that papers they send you are legal forms if they aren’t; or

  • indicate that papers they send to you aren’t legal forms if they are.


Debt collectors also are prohibited from saying that:



  • you will be arrested if you don’t pay your debt;

  • they’ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or

  • legal action will be taken against you, if doing so would be illegal or if they don’t intend to take the action.


Debt collectors may not:



  • give false credit information about you to anyone, including a credit reporting company;

  • send you anything that looks like an official document from a court or government agency if it isn’t; or

  • use a false company name.


Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:



  • try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt – or your state law – allows the charge;

  • deposit a post-dated check early;

  • take or threaten to take your property unless it can be done legally; or

  • contact you by postcard.

Customer:

okay all i have is the phone number cuz I could barely understand him.

WALLSTREETLAW :

They are violating the law, and you may have been defrauded,

WALLSTREETLAW :

I would contact the Attorney Generals office as well,

WALLSTREETLAW :

and check your credit report to see if they have been making false claims on it,

WALLSTREETLAW :

Under the law, you can also sue them for there actions and you should consider this option as well.

WALLSTREETLAW :

If you have any further questions please do not hesitate to ask.

Customer:

sounds interesting.

Customer:

its just not something you want to wake up to.

WALLSTREETLAW :

Yes,

WALLSTREETLAW :

and they are intimidating you for no reason,

WALLSTREETLAW :

I would file a complaint ASAP to the FTC as they may be a scam as well

Customer:

exactly. thats what i didnt understand. yea he said he was an attorney for cash advance and because my credit was bad they were placing check fraud, and 2 other charges against me.

WALLSTREETLAW :

That is not right, and there is no crime in what you did, they would not have given you credit without checking your credit,

Customer:

how do i find the number for the attorney general and ftc?

Customer:

thats what i thought.

WALLSTREETLAW :

Report any problems you have with a debt collector to your state Attorney General’s office (naag.org) and the Federal Trade Commission (ftc.gov). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General’s office can help you determine your rights under your state’s law.

WALLSTREETLAW :

Go to the links above and the website I linked as well.

WALLSTREETLAW :

If you have any further questions please do not hesitate to ask.

Customer:

thank you so much. I really appreciate your help. I will most definitely leave this window open so I can ask if I need to.

WALLSTREETLAW :

If satisfied please provide us with positive feedback, thank you

WALLSTREETLAW :

Thank you, XXXXX XXXXX luck.

Customer:

thank you so much sir

WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 16119
Experience: 14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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