Consumer Protection Law

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i had applied for a loan on line back in 2010 for 400 dollars…

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i had applied for a...
i had applied for a loan on line back in 2010 for 400 dollars and about amonth or two i had to close my checking acct due to personal reasons and my computer crashed, ect, i honestly for got a bout the loan and just yesterday got a letter at my job plus a phone call stateing that there goin to issue a warrent for my arrest for 29 months, and i call this man who set the letter to my job named officer XXXXX XXXXX, and explained my situation and to word out payments, hes askin for outrageous amount, sayin theres lawyer/ect.. fees, i need to know if this i legal and what i should do and ask them for
Submitted: 6 years ago.Category: Consumer Protection Law
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Answered in 14 minutes by:
2/29/2012
Consumer Protection Lawyer: Thomas Swartz, Lawyer replied 6 years ago
Thomas Swartz
Category: Consumer Protection Law
Satisfied Customers: 3,271
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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Hello JACUSTOMER,

It is illegal for a debt collector to threaten you with arrest if you do not pay off a debt. This is a violation of the Fair Debt Collection Practices Act. You can not be arrested for failing to pay a debt. So, you should tell them to stop threatening you with arrest or you will report them to the Federal Trade Commission and the New York State Attorney General.

In addition, you can ask them for an accounting of the debt and any supporting evidence of the debt. Your original loan agreement may require you to pay for collection costs such as lawyer fees, so you may legally be held responsible for that. But you can ask for evidence of the debt and an accounting of how they arrive at the amount you owe. You can also ask them to stop contacting you unless they intend to sue you for the debt. This will not resolve the debt, as they may sue you but it will get them from continuing to contact you. Please read all the information in the above link about the Fair Debt Collection Practices Act for sample letters you can send the collector.

I hope this helps.

Thomas
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Customer reply replied 6 years ago
so i should ask them for all the info on the debt and they have to except what i can afford, is there a number i can call in new york to find out this info
Consumer Protection Lawyer: Thomas Swartz, Lawyer replied 6 years ago
They do not have to accept what you can afford. They can decide to sue you for the entire amount. But since it is costly to sue, it is likely that they will accept a payment plan. But they do have to provide you with information about the debt, and how they calculate how much you owe.

Thomas
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Customer reply replied 6 years ago
they want like 500 everyother week and want me to put it on agreendot tax card from like walmart or kmart,
Consumer Protection Lawyer: Thomas Swartz, Lawyer replied 6 years ago
I don't know what a greendot tax card is. But you should ask for an accounting of the debt. Ask how they calculate the amount owed.

Thomas
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Customer reply replied 6 years ago

the man on the phne said it was compund interest, tax, lawyers fee,ect and the amount is 3562. wheni told he i can pay like 200 everyother week he laughted at me and said are you jokein

 

Consumer Protection Lawyer: Thomas Swartz, Lawyer replied 6 years ago
Well I would still ask for a written accounting along with the original loan agreement, and see if this figure of $3,562 complies with the original agreement. And if they don't accept the $200 every other week, they will have to sue you.

Thomas
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Customer reply replied 6 years ago
thank you for your help, the other thing is if you have one judgement against you in new york, can there be more then one, i was told only one at a time
Consumer Protection Lawyer: Thomas Swartz, Lawyer replied 6 years ago
That is incorrect. You can have more than one judgment against you at the same time.

Thomas
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Customer reply replied 6 years ago
is there a number or a person i can call to say that they are threatening me with arrest and someone to help me deal with them on a payment arrangement
Consumer Protection Lawyer: Thomas Swartz, Lawyer replied 6 years ago
Yes, you can contact the New York State Consumer Frauds Bureau.

Thomas
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Customer reply replied 6 years ago
what department do i look under to contact or for answers
Consumer Protection Lawyer: Thomas Swartz, Lawyer replied 6 years ago
Simply call the Consumer Help Line in the link above, and tell them you are being threatened with arrest for a debt.

Thomas
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