I have 2 payday loans. One is with American Web Loans which is online out of Missouri. The original loan was 400.00 and I now ow

Asked about 1 year ago - Alexandria, LA

I have 2 payday loans. One is with American Web Loans which is online out of Missouri. The original loan was 400.00 and I now owe 1,300.00, my account was closed soon after the loan was taken for suspicious activity from another loan company I never borrowed from and they were connected to this company. I have another from advance america for 450.00. Am I going to jail, and do I have to meet debtors price demands or can i send what i can?

Additional information

One of them said something about charges for fraud and an institution. Look, I will have to drop out of school to repay them at the rates they set for me. It is in the last phase before litigation's, and I have 25.00 a month to spare, where as they want 106.00 a month on one and 50.00 on the other. I am freaking out. I am not working, I have no assets for them to take and I just have no idea what to do next. Its not like I planned to lose everything and default on my loans.

Attorney answers (1)

  1. Keren E. Gesund

    Pro

    Contributor Level 8

    Answered . You are not going to jail for failure to pay a debt. The worst thing a creditor/debt collector can do is sue you, obtain a judgment against you and then try to use that judgment to garnish your wages, lien your property, and/or pull money out of your bank account. If you don't have wages, property or assets then the judgment isn't worth very much (but it can hang around and be used to garnish wages/lien property, etc. later when you do ultimately get those things).

    Who is contacting you to collect the debts, the payday lenders or debt collector? If debt collectors, you might have a cause of action against them for violating the Fair Debt Collection Practices Act ("FDCPA"). The FDCPA is a federal act that regulates debt collection activities. Debt collectors are prohibited from harassing consumers, calling before 8 am or after 9 pm, lying to collect a debt, etc. If you didn't defraud anyone, the debt collector can't threaten to add fees to your debt for fraud. You could be entitled to up to $1k per debt collection company for violation of the FDCPA.

    I hope this helps! If you have any questions or need further information, you can contact me directly at gesundk@gesundlawoffices.com. Legal services are free for claims under the FDCPA because the FDCPA awards reasonable attorneys' fees and costs to the victorious consumer.

    Good Luck!

    Keren

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