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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney representing individuals and businesses.
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I had a payday loan that my account went in the negative and

Customer Question

I had a payday loan that my account went in the negative and my bank closed my acct. By the time I contacted the company they sold it to a 3rd party collections. So I had to settle it with them. I received a call from a collection company and they told me they were representing the loan company and that they would work with me to settle my debt. I paid it off and received a leeter stating that they received payment. Since then I received MANY harrassing and threating calls from law offices, processing offices, Check mediation offices and investigation offices saying they will put a bench warrant out for my arrest if I dont settle my debt. Which I thought I did. I dont know who to trust. They are telling me that they are going to charge me with check fraud. What do I do I am in the state of Maryland. I really need guidance on this.
Submitted: 4 years ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 4 years ago.

CalAttorney2 :

Dear Customer, thank you for choosing Just Answer. I would like to assist you with this matter today.

CalAttorney2 :

As an initial matter - you cannot issue a bench warrant to arrest anyone for not paying a debt in the United States. We do not use our criminal law system to enforce civil debts.

CalAttorney2 :

The debt collectors using this type of tactic are in violation of the fair debt collections act and you can file a lawsuit against them in civil court for punitive damages.

CalAttorney2 :

As for the remaining debt collectors, you can do two things. First, you can send them a letter (you can send it certified if you wish, you do not have to), telling them that you do not wish to receive any further calls, letters, or other communications unless and until they decide to take further action (file a lawsuit against you to collect the debt), with that letter you can attach your letter stating that you settled the debt.

CalAttorney2 :

If they continue to contact you regarding this debt, and are not telling you information such as "we are in the actual process of filing a lawsuit" (not just a threat), they are in violation of the Fair Debt Collection Act, and again you can file a lawsuit against them for damages.

CalAttorney2 :

If they do actually file a lawsuit against you, you can assert your defense that you already paid the debt, and file what is called a "cross-claim" against the party that you settled with, this will ensure that they will take responsibility for the settlement, and will be responsible for ensuring that the settlement you paid was for the full amount of the debt (or a compromised and agreed upon settlement for the debt).

CalAttorney2 :

You may also want to contact this company that you paid off, and ask them to take care of these third party debt collection agencies, they may be able to assist you now instead of having to wait until a civil action is filed in court.