Can the put me in jail or harass my family ?

I was wanting to know that if got a payday loan a year ago almost 2 year now and i did pay on it intill i lossed my job then i stop, i know i need to pay this loan but i have no money right now and they want all of it now they call my sick mom and told her they would put me in jail if i did ot call them , please help asap, company name is Everglades Capital Solutions ,

North Las Vegas, NV -

Attorney Answers (3)

Dorothy G Bunce

Dorothy G Bunce

Bankruptcy Attorney - Las Vegas, NV
Answered

In the US, debts are collected by suing you in civil court. The state of Nevada does not have a debtor's prison and the Clark County DA will only sue if you fail to pay a casino marker. They could care less how you do or do not pay your civil debts.

As my learned college has pointed out, a claim by a debt collector that they will put you in jail is a violation of state & federal law. Contact the State of Nevada Financial Institutions Division to ask about the process for filing your own criminal complaint against this debt collector. Hope this perspective helps!

William Jay Rose II

William Jay Rose II

Debt Settlement Attorney - Santa Monica, CA
Answered

These guys are bad news.
What you describe is a serious violation of the Fair Debt Collection Practices Act (FDCPA)
The FDCPA is a federal law which prohibits the type of debt collection tactics you have described.
You should promptly - like, now! - contact a local consumer attorney who has experience dealing with FDCPA matters.

A good place to find such an attorney is on the website of the National Association of Consumer Advocates at www.NACA.net.

Good Luck.

Eric Jerome Gold

Eric Jerome Gold

Estate Planning Attorney - Calabasas, CA
Answered

The behavior that you have described is unlawful under the Fair Debt Collection Practices Act (FDCPA). You should contact a local consumer protection attorney for guidance and direction in addressing such violations. As an aside, a debt collector has no ability to have you arrested for failing to pay a civil debt. We do not have debtor's prisons.

** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client... more

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