Ronald Ira Frederick's Answers

Can I be arrested for not paying a pay day loan?

No you can not be arrested for failing to pay a payday loan. The fact that they are threatening is problematic for them. Depending upon who is making the calls, they may be violating the Fair Debt Collection Practices Act (FDCPA). They may also be violating various other laws including fraud, invasion of privacy or intrusion into seclusion. Of course there may be other remedies regarding the payday loan companies depending upon if they sue you. Generally, rather almost exclusively they...

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I recvd a loan in 2010 from CASHNETUSA online, lost my job & cant pay, can they take me to court or arrest me?

CashnetUSA is owned by Advance Pay America which is the holding company that owns Cashland. The online loans such as the one you took out are set up to be originated by a credit service organization. I believe that there are many problems with the legality of the matter in which these loans are originated. I am looking forward to bringing suit against this entity. The problem with initiating a lawsuit against this entity is that the contracts contain a binding arbitration clause which...

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Can I get money back from a wrongful garnishment?

If you never received actual notice of the lawsuit because you had moved before the lawsuit was filed against you, the judgment is void. However, you must file a motion to vacate the judgment. If the judgment is vacated, the bank will be obligated to refund all of the money it took from the garnishments. Although the bank may be able to sue you again, I am unclear whether this is possible given the limited facts you have provided. I would however suggest that you get in touch with an...

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Can I be charged for check fraud for not paying a internet payday loan?

No you can not be arrested for failing to pay a payday loan. The fact that they are threatening is problematic for them. Depending upon who is making the calls, they may be violating the Fair Debt Collection Practices Act (FDCPA). They may also be violating various other laws including fraud, invasion of privacy or intrusion into seclusion. It is particularly abusive for them to be calling your parent's house and advising them that you may go to jail. Such conduct is illegal in many ways. It...

Can you get it for passing a bad check if you did a cash advance

First off, you can not be held liable for someone using your SS# wrongly. That does not mean if they file suit you can ignore it. However, you should submit a fraud affidavit to them as well. Having said that, no you can not be arrested for failing to pay a payday loan. The fact that they are threatening is problematic for them. Depending upon who is making the calls, they may be violating the Fair Debt Collection Practices Act (FDCPA). They may also be violating various other laws...

Can a check n go charge me with check fraud?

No you can not be arrested for failing to pay a payday loan. The fact that they are threatening is problematic for them. Depending upon who is making the calls, they may be violating the Fair Debt Collection Practices Act (FDCPA). They may also be violating various other laws including fraud, invasion of privacy or intrusion into seclusion. One important aspect as to why you can not be found liable for check fraud, is payday lenders know you do not have the money in your account when you...

What constitutes proof?

When you vacate a rental property, the landlord must send to you your deposit back and/or an explanation of all deductions for repairs and/or damages to your last known address within 30 days of the day you vacate. If they fail to do so, you can bring suit in Ohio and receive double the amount wrongfully withheld plus the landlord will have to pay your attorneys fees as well. Check the date and address this invoice was allegedly sent to and see if they complied. Also ask the debt...

I surrendered a car. I could not agree on a affordable payment so now i have a summons. What is my recourse?

First of all, it is important that you answer the complaint and did not allow it to go to a default judgment. Second, it is important that shoe contact a competent consumer protection lawyer to evaluate any potential defenses and/or counterclaims you may have against the dealer and or the finance company. You did not indicate whether the party suing you is the dealer or a finance company and that information would be very helpful to know. Under the FTC Holder rule, any defenses you may...

Extortion in ohio

Although you may not be thrilled with the frankness of the answer, I believe you need to do two things. First, you need to talk to your wife and explained the situation to her. Explain how you love her, explain how you are happy in your relationship, explain how you are not perfect and that she made a mistake. Then asked for her forgiveness and explain what has happened. Second, you should go to the police and file a complaint. Although this may seem difficult, the alternative is...

Would I be able to file a class action law suit against a debt relif company for services not rendered?

It would seem possible to file a class action suit. I work with attorneys in PA. The debt settlement companies are a real problem these days for the very reason you indicate. If nothing else, you should be entitled to a refund of the money paid, for yourself and all others in the same position as you. Please feel free to contact me and I will steer you in the right direction.

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