Can I be charged with Bank Fraud by payday loan company?

Asked over 2 years ago - Santa Clarita, CA

For over 2 months I've received numerous calls from a company stating that Bank fraud charges were being filed against me for non payment of a Payday loan after a payment was supposedly denied by my bank. l had no record of an unpaid loan believing I had paid off any loans. I've never been contacted by the lender and was refused the lenders name or acct. number. I was given the name of the referral company. I was contacted by the local police regarding a complaint being filed against me and was told to contact the company to settle the matter or I could be arrested. I paid them by credit card but still don't know direct lenders name. I was told I would get all the information after 45 days. None of this makes sense what if any options do I a have.

Attorney answers (6)

  1. Matthew Murillo

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . Did the police show up in person? Or did the "local" police call you over the phone? There is no reason you should pay a "debt" unless it is actually a debt you owe. I agree with the other attorney, this sounds like it could be fraud, especially if they are unwilling to provide lender information. I would check the account you provided the information for just in case there are any "additional" charges.

    If you did take a payday loan, contact that lender directly and ask about any charges they may have filed against you. If their records are clear, you may have been the victim of a fraud. If that is the case, call all of your card companies and bank in order to have all of your account numbers changed in order to protect yourself.

    Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation... more
  2. Elliot Rahmim Zarabi

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . Does it sound like the people who are calling you are from India? This may be a sceme to get money out of you. I never got a pay day loan and they were calling me I finally threatened to sue them and had my own attorney call them.

    Feel free to give me a call for a free consultation.

    Elliot Zarabi
    www.zarabilaw.com
    213-612-7720

  3. Slavik Steve Leydiker

    Contributor Level 15

    1

    Lawyer agrees

    Answered . I would speak to an attorney about this. This could be some elaborate scam.

  4. Tai Christopher Bogan

    Pro

    Contributor Level 18

    Answered . NO NO. They cannot charge you with a crime for non payment of a payday loan under almost all circumstances. There are provisions in the law which protect consumers. Now I suppose if the loans were taken from closed accounts or other fraudulent intent they may be a possibility of criminal charges.

    Remember, the payday loan company knows you don't have money in your account when you ask for money - so for them to claim they can now charge you because the payment was rejected is complete BS.

    I have seen many times the payday loan company threatening criminal action but never have seen local police involved. Maybe the local police were duped or maybe the local police were not police at all but a scam.

    The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
  5. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    Answered . Sounds like a scam

  6. Richard Scott Lysle

    Contributor Level 17

    Answered . It is a violation of federal law (FDCPA) and of California law for a debt collector to threaten criminal prosecution in order to collect a debt. Get as much identifying information about this, then consult an attorney who sued collection agencies. It sounds like you may have a good case.

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