I had a payday loan place call me today telling me that i have to pay $900 but i do not know that i took out that loan. They said if i didnt pay it by monday they would freeze my bank account and send someone to my job. i have never got a letter in the mail or nothing just started calling today and i have a new phone number then i did in 2011? Im worried what do i do and can they do anything?
Patent Application Attorney
First of all, get an app for your phone to record all your discussions with them. Don't erase the recordings. If you don't know about the loan, then send them a registered letter asking for the loan documents. Ask them to refrain from going to your place of business. They are very unlikely to be able to be able to garnish your bank account without first getting a judgment against you. You may wish to take all the documents to an attorney. You might consider bankruptcy, but only if there is a lot more than this loan.
I'm not your attorney; my answer to your question includes assumptions. If you want me to be your attorney, I'm easy to find.
In Texas, a creditor should not be able to freeze and garnish a bank account without having first obtained a judgment (with very few exceptions, such as the IRS). It can happen that a judgment is granted without the defendant having been properly served with the lawsuit. If this were the case, a lawsuit could be filed to set aside the judgment by proving that you were not properly served.
Assuming that there is no judgment though, it is possible that the company is violating the Federal and Texas debt collection acts. These acts bar a debt collector from threatening to take any action which they are not legally allowed to take.
Some payday loan companies obtain a post-dated check when a person takes out a loan. This is a guess since I don't have complete information, but it is possible that they were implying that they would cash the check if you did not pay.
This answer is provided as general information and is not intended to be legal advice. Every situation has unique circumstances. These circumstances cannot be addressed without a consultation. Please obtain more thorough advice from an attorney licensed to practice law in your state.
Debt / Lending Agreements Lawyer
A creditor must sue you, personally serve the suit papers to you, wait for you to answer, and win at trial before it can get an award before they can get your bank account.
You may have claims for violations of the Fair Debt Collection Practices Act and the Telephone Consumer Protection Act.. Each violation of the Telephone Consumer Protection Act worth is up to $1,500 to you, any actual damages, and mental anguish, plus attorney fees. You can call me for a free consultation to discuss this matter.
This comment is given for educational purposes only. No attorney-client relationship exists between us.