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Can a payday loan's collection agency go after me for doing a stop payment on the check?

Asked over 2 years ago - Levittown, PA

I got my outstanding PDL's with a debt reliever. One company, called Everest (in KS), agreed to be in the program as they were sent an agreement and they signed it. 2 months passed, and I got a disturbing call at work. It was Everest's collection agency, Professional Debt Management, from MO. The woman I spoke to, who said was an attorney, said I must pay Everest a settlement of $280 or they would contact my work place and my wages would be garnished. I told her Everest was part of my consolidation program and she said no. I then saw this was false. They coerced me into giving them my bank info. I put a stop payment on the check. I then got a call saying I would be charged with writing back checks across state lines and a claim has been sent to my county court. Tell me what to do!

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From what I read, PDL's are illegal in PA (I did not know this when I took them out) so can this PDL's collection agency really file charges, although I did a stop payment on the check? First, Everest broke an agreement with me debt consolidation company and got their collection agency to trick me into giving them my bank info. They call me and threaten me at work. Can they win?

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Attorney answers (1)

Shawn B Alexander

Reputation Level 19

Answered over 2 years ago. Real Estate Attorney in Olga, WA.

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I practice in Washington and you will need consumer protection lawyer in PA. The contact at work and the threat of garnishment without a judgement and the threat of prosecution are direct violations of the federal law known as the Fair Debt Collection Practices Act, I have pasted a link below;

http://www.ftc.gov/bcp/edu/pubs/consumer/credit...

This will give a better idea of your right while looking for an attorney locally.

Good Luck

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