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Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 102356
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I received a call from State Wide Recovery Group. I had an

Customer Question

I received a call from State Wide Recovery Group. I had an online payday loan a little over two years ago. The bank account was closed and they called my mom first stating there was a warrant out for my arrest. When I called them they said if I didn't make payment arrangements they would pursue criminal charges for stealing and check fraud. Can they do this?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

The answer is no, they cannot do this. In fact, even insinuating this is illegal. No one can be charged criminally for a civil debt in US jurisdictions (with few exceptions for bad checks and child support). As such, their threats are not real, and actually they may be sued for them - see HERE: They are prohibited from "Threatening arrest or legal action that is either not permitted or not actually contemplated."

Every violation is a $1,000 fine. I urge you to talk to an attorney about this face to face.

Finally note that there have been a rash of fake collectors. See HERE. This becomes especially confusing if you do owe money, since the fake debt collectors may attempt to "latch on" to that debt to make themselves seem real. If you need help finding out if this collection agency is even real, reply and provide me with their telephone number and/or address so I can take a look.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

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