i have a debt collector calling me in reference to a payday loan. she is stating she is an investigator for this company and that they have a pending case against me and if a payment isnt made that by tomorrow afternoon they will get a warrant for my arrest and pick me up and work and take me to court. is this even legal? as far as i understood it, payday loan companies can seek out criminal charges (and dont you need criminal charges for a warrant)?
Chapter 7 Bankruptcy Attorney
Threatening criminal action in a civil matter is against th law. these companies are very predatory and their loans have been found to be illegal in may states because the effective interest rates are usuruious (interesst higher then allowed by State law).
if you meant to repay it when you took out the loan and can't now because of unforseen circumatnces then you should not be chraged with a crime and if you are you should sue the prosecutor and the police because their immunity would be waived by such an act.
I represented over 1000 (one thousand) Marines in north carolina and I had them put stop payments on those loans because they were illegal. The pay day lending prctice is now illegal in North Carolina.
Get an attorney who does FDCPA (Fair Debto Collection Practices Act) work and go after the collectors who are violating federal law. Good Luck.
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Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship. The opinions expressed herein are those of the author only and the fact that he has worked as an Assistant District Attorney; State Supreme Court Clerk; Special Assistant United States Attorney (Hawaii); Assistant Cornell University Counsel or Judge Advocate, United States Marine Corps should not be relied upon to assume that these statements reflect the policy of these organizations.
Chapter 7 Bankruptcy Attorney
Unethical creditors lie! In my state, collectors are regulated and you can file a complaint against them with the regulators, who will investigate misconduct. You may also have rights under the Fair Debt Collection Practices Act that could allow you to sue this collector for money damages.
Unethical collectors continue to lie because they believe they can get away with his behavior. We all need to go out of our way to show them that we will not tolerate this kind of harassment!
Hope this info helps!
It is important to keep in mind that most payday loans are structured in such a way that each time the lender runs a payment through your account and it is not honored, it may be considered a "hot check". If brought to the attention of the District Attorney's office, the matter could technically be pursued as a misdemeanor charge. Judges have become wary of these abusive practices lately but it is best to consult with a local attorney in San Antonio to get a feel for how the DA's office handles these situations. Do not take this lightly.
As an aside, bankruptcy stops most civil lawsuits but not criminal matters.