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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118788
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I received a payday loan a year ago. Apparently they were never

Resolved Question:

I received a payday loan a year ago. Apparently they were never able to retrieve the money back, though there has been money in the account. Friday I got a phone call asking for the name of my lawyer because I was being sued. They are talking about charging me with check fraud! I asked her to send the info to me, and she said it was illegal. Is that true? They say they have sent me 18 emails, and that is the only way they have contacted me. I haven't seen any emails regarding this. How do I get the paperwork they have filed and take care of this? I just want to pay this and put it behind me.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 8 years ago.
They can try to charge you with issuing bad checks based upon the agreement you signed with them, but almost every DA in the US will refuse such charges and treat this as any other business dealing and as a civil matter. Thus, you need to send them a letter stating that under the Fair Debt Collection Practices Act, it is unlawful to threaten arrest or criminal action for a civil debt collection and if they continue to make such threats you will file a complaint with the Federal Trade Commission and sue them for violations of the FDCPA and for attorney's fees allowed under the Act. If you owe them the money, then demand they send you a statement on the account showing what you owe and pay them and be done with them.

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