Can I be charged for check fraud in civil court for an unpaid internet payday loan?

Asked about 2 years ago - Pasadena, TX

I took out several payday loans in between the years 2009 -2011. I can honestly say that I may still owe one payday loan that I just could not pay at the time. I recieved a call from a company claiming to be a litigation firm by the name of STP associates and they informed me that I have 2 charges against me for check fraud. They offered me a settlement for my original total of $260.85. At first I agreed to pay them and gave them my credit card info over the phone. When I realized that I might be getting scammed I withdrew my account and cancelled my CC. I called STP back and asked for documented validation of my debt in the mail before I agreed to pay. They said once I pay they will email it to me. They have given me until friday before the send me a summons to court.

Attorney answers (3)

  1. John Thomas Black

    Pro

    Contributor Level 12

    Answered . I agree with the answer previously as to many of these outfits are scams. Several of my clients have received threatening calls concerning very old defaulted payday loans. When I call them, they either don't answer or don't return the calls.

    When you "Google" them, you see numerous other people have gotten calls from them and it is a scam. They are making threats, often involving criminal charges, which they don't intend to pursue. This likely violates the Federal Fair Debt Collection Practices Act and our Texas state Debt Collection Act. As I understand it, if you sue them these outfits will then relocate or just close down, making it very difficult or impossible to collect any judgment. I suggest you report them to the Texas Attorney General's Office and the Federal Trade Commission.

    That being said, I understand that some payday lenders in some parts of Texas, notably the Valley, are filing charges and the prosecutors are accepting charges, for defaulted payday loans. To my knowledge that is not happening to any of my clients in the Houston area, as the prosecutors will not accept the charges.

    We are a debt relief agency and we help people file for relief under the bankruptcy laws.
  2. Daniel Tam

    Contributor Level 16

    1

    Lawyer agrees

    1

    Answered . Please read my other answers regarding these types of payday loan collections. Often they are SCAMS. If a third party is attempting to collect a debt, they must send you a validation notice under the FDCPA within 5 days of their initial communication to you. You are not required to make any agreement to pay prior to receiving this notice. I just googled STP associates, and sure enough there is talk about it being a potential scam.

  3. Alan D. Walton

    Pro

    Contributor Level 19

    Answered . Prosecutors are not likely to assist these folks in collecting usurious debts. Call the prosecutor's office and see what they will do.

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