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Got a call from this collections angency penister closson&associates stating that they were filing criminal chargers over a loan

San Diego, CA |

got a pay day loan and i cant pay it right now ask for a extinision but they refuse what should i do

Attorney Answers 6


  1. You asked this question twice, I assume by accident.

    Get an attorney because it's not legal for them to say these things to you.

    The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here. Please visit my web site: www.avanesianlaw.com for more information about my services.


  2. It is a threat not a reality and a violation of the Fair Debt Collection Practices Act.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  3. Only public prosecutors can file criminal charges. Anyone else can only file a report claiming to be a victim of crime. Debt collectors that make these kinds of threats are the real criminals because they falsely claim to represent the government. Contact your state government and ask the friendly telephone operator to connect you to the department that regulates debt collectors so you can file a report of your own. Hope this perspective helps!


  4. This is a clear violation of the Fair Debt Collection Practices Act. You need an attorney right away to get this to stop.

    Eric Ridley can be reached by phone: (805) 244-5291, by email: ridley.eric@gmail.com, or at http://www.ridleylawoffices.com . Consultations are always free.The Law Offices of Eric Ridley emphasizes Consumer Law, Collection Defense, Bankruptcy & Litigation. Eric D. Ridley is licensed to practice law in California. This answer is intended to provide general information only. It does not create an Attorney-Client relationship, nor should it be construed as legal advice or an opinion on specific situations. I am a lawyer, but I am not *your* lawyer until we have a written agreement that says so.


  5. In addition to what others have said, threatening criminal prosecution to get you to pay a debt is extortion. You might try calling the district attorney or law enforcement.


  6. I agree with the other responses that this may be a violation of fair debt collection practices. That being said, even if you have a claim for a violation that doesn't mean your debt is extinguished. If this is only one of many debts that you owe, you may want to consider bankruptcy.

    This does not constitute legal advice and is for informational purposes only. No attorney-client relationship has been formed. Alex Zarcone, Esq. The Zarcone Law Firm 4370 La Jolla Village Drive, Ste. 655 San Diego, CA 92122 619-800-3082 www.financialfreshstart.org