Mr. Chase claims I owe a cash advance to American Cash Advance, he could not tell me the name of the company that I borrowed the money from but I have until 11:30 today to call with the payment or I will go to jail, after looking up him on the internet it appears to be a scam how can I be sure that I am not being scamed. He wants 684.33. He is calling from 469-737-9513
Criminal Defense Attorney
If this happened like you state then you may have a cause of action against the collection agency. It appears that this company is violating the FDCPA. I suggest you speak with a local attorney.
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Chapter 7 Bankruptcy Attorney
Many states have an entire agency that regulates debt collectors, and I would urge you to contact your state government to find out if this debt collector is licensed. Attorneys are also licensed by either a state agency or a board, and you can find out whether the caller is an attorney or not, which I doubt. What you are describing isn't the way lawyers acting in accordance with the law handle their cases, but is a classic description of an illegal debt collection practice. Hope this perspective helps!
In SC, you cannot go to jail for failure to pay a consumer debt, outside of writing a bad check (not including checks written for a payday or "delayed presentment" loan) and in some instances, deliberately disposing of property used to secure a loan. In the last instance, a judge must make such a decision, after giving the consumer an opportunity to defend.
By threatening jail when such a remedy is not available, a creditor can violate The SC Consumer Protection Code, as well as the FDCPA mentioned by one of the other attorneys. A violation of The SC Consumer Protection Code can result in penalties up to $1,000.00 payable to the consumer. With a telephone number, this is an issue that you may want to report to the SC Department of Consumer Affairs. For personal and specific advice, you are strongly advised to consult personally with an attorney.
I wish you well with resolving your legal issue.
NO attorney-client relationship is created by this response. This information is provided for general legal information only and does not constitute advice. It does not address specific, personal issues as there is no direct contact with the questioner nor a review of any applicable documents. Responses are based on SC law or any applicable federal law as I am an attorney licensed only in SC. You are strongly advised to consult with an attorney in-person. The Brown Law Office, LLC is a private law firm owned and managed by Tina L. Brown, solo practitioner, and providing legal representation for consumer debtors under the United States Bankruptcy Code, some general consumer matters, defense of tenants in rental matters, with a particular emphasis upon income based housing, education law and social security disability appeals.
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