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Ray
Ray, Lawyer
Category: Legal
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Experience:  30 years in civil, probate, real estate, elder law
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I had a bad debt with a payday loan company (Western Sky)

Customer Question

I had a bad debt with a payday loan company (Western Sky) and settled the account last year 1-15-14. I recieved a call 2 weeks ago from the County saying that on behalf of this company they were filing mutliple charges including bank fraud etc. I told them I that it was resolved last year and I had a letter. The demanded that I produce the letter (which I seved but had to find) or pay the debt immediately or they would issue a warrant for my arrest. I paid the that day and then found the letter. I called the agent at the county number with my reference number to seek re-imbursement. They refuse to return my call. Do I have a legal right to demand re-imbursement? The original pay of was $700 last year and they extracted another $1400 last week.
Thank you,
Edward Reisinger
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

They cannot arrest you here for a civil debt.They are misleading you trying to get you to pay here.If they get a judgment on you they can garnish bank accounts so you may want to keep as low a balance as you can.But they cannot arrest you are are violating federal law by threatening you with such arrest.

You can sue them here is small claims if they do not refund your money.

Here is self help and forms to sue them in small claims..

http://courts.mi.gov/Self-help/center/casetype/Pages/SmallClaimsSH.aspx

You can sue here if they have not reimbursed you for this overpayment.You can get judgement that includes your filing fees here as well.

It appears you have good facts to pursue this in small claims if you have too.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again..

Expert:  Ray replied 1 year ago.

Forms and step by step..

http://courts.mi.gov/Administration/SCAO/Forms/courtforms/smallclaims/dc84.pdf

I am so sorry they did this to you.You have remedies here in small claims.

Thanks again.

Expert:  Ray replied 1 year ago.

Reference to the fact they cannot arrest you here..

http://www.debtcollectionanswers.com/Arrested-For-Debt.html

Expert:  Ray replied 1 year ago.

If you can leave a positive rating it is always much appreciated.

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