I have a unpaid pay day loan from almost 6 yrs ago made in az and now that i live in hawaii the debt collectors keep calling.

Asked almost 2 years ago - Honolulu, HI

Just recently a debt collector starting calling my job for an unpaid pay day loan that was made 6 years ago in when I used to live in Arizona. I live in Hawaii now and I want to pay them back but I don't want to give my credit card info over the phone. I've asked them to send me a letter and they said they are not able to, the only type of payment would be over the phone. They also said if I dont call them back, they will send the DA and have me pay not $500 but $3000 for court fees and double the amount of my actual loan. What can I do about this?

Attorney answers (3)

  1. Michael J Corbin

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . This is a debt collection scam, pure and simple. First, they can't get the "DA" involved - owing a debt is not a criminal act. Assuming the SOL hasn't run on the debt (it depends on a few factors), they certainly can sue you, obtain a judgment, and try to collect. Other than that, there isn't anything else they can do. If you tell them you cannot be contacted at work, those calls should stop as well. Demand their address and send them, in writing, a letter demanding verification of the debt. If they won't do that, then they are in violation of federal collections laws.

    We can be reached at 507.334.0155 (Toll Free: 888.777.5009). Our web address is: www. corbin-law-office.com.... more
  2. Gregory Howard Wiley

    Contributor Level 16

    1

    Lawyer agrees

    5

    Answered . Send them a debt verification letter as well as a cease and desist letter. This has a high likelihood as being a scam. Do not send them money.

  3. Hannah Stephanie Miyamoto

    Contributor Level 3

    1

    Lawyer agrees

    1

    Answered . If the debt is more than EXACTLY six years old, you owe them nothing. Your remedy then is the federal Fair Debt Collection Act, which bars harassing people over uncollectable debts. Under no circumstances should you pay this over the phone.
    As for the criminal charges, it is illegal to threaten someone with criminal prosecution to collect a debt., collectable or not collectble That is already a FDCA violation, and there are statutory damages of $1,000 per violation, plus any actual damages. Contact me if you want to consider demanding money from them.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,799 answers this week

3,038 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,799 answers this week

3,038 attorneys answering