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Is a payday loan criminal bank fraud?

Sandpoint, ID |

I was contacted by a company called Regional Arbitration Services stating I had an outstanding payday loan through Advanced America and then they called back and stated it was CheckN Go and If I didn't pay it I would be arrested and go to jail. They asked me if I had guns or dogs. I made arrangments to pay it to shut them up. After I researched it furhter it didn't sound right because I don't recall ever having a payday loan through Advanced America. We filed bankruptcy shortly after speaking with this gal as planned. When she called me back she stated the bankruptcy wouldn't help me but didn't want my attorney name. She has stopped calling me but is now calling my husband's family members stating we are bing investigated. Can they really do this and have us arrested?

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Attorney answers 2

Posted

This situation is strongly suspicious for scam, and almost certainly subject to sanctions in connection with your bankruptcy and and the federal Fair Debt Collection Practices Act. The problem that commonly limits recovery is when the scammers are offshore and beyond the reach of our justice system. To assist any attorney or agency willing to help you, you should gather as much contact information as possible. Record any phone conversation, which is legal because Idaho is a one-party consent state. Report your contacts to your bankruptcy attorney ASAP and, if you have been foolish enough to proceed without counsel, consult with an experienced bankruptcy attorney about legal services to pursue the debt collector.

By the way, debt is a civil matter. Failure to pay is not a crime, and the debt collector is powerless to cause you to be arrested. Pay nothing until you have written proof of the deb, reliable advice and competent legal assistance.

Best wishes for a favorable outcome, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.

Paula Brown Sinclair

Paula Brown Sinclair

Posted

Let me add that you (and other Avvo users reading this answer) can google "regional arbitration services" and the phone number the calls are coming in on to learn more about this scam.

Asker

Posted

Thank you. It's just getting scary because now our family members are being called and questioned and told we are being investigated.

Posted

This is being reported by others consumers on AVVO as a growing problem. If you didnt borrow the money, you don't owe anything to them. This is likely a criminal operation. Report it to your state Attorney General. You cannot be arrested for non payment of a debt even if you did owe it.

Paula Brown Sinclair

Paula Brown Sinclair

Posted

I write separately to concur. I have answered several questions with facts remarkably similar to this question. Whether even the AG can obtain relief is uncerain as there is some evidence that the scammers are offshore.

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