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Payday loan/Threatening calls

Boothwyn, PA |

I took out a small payday loan last year because our house was being forclosed on and we needed help anywhere we could get it. They took the money out of my bank account as soon as it was do and then some Im assuming the ridiculous interest rates. so I finally closed the bank account because i couldnt afford for them to keep taking money. I am still recieving phone calls about charges against me, and charges against me for using a bank account for fraudulant reasons, check fraud, ETC. Its annoying but scary at the same time. What can i do?

Attorney Answers 5

Posted

This is not really a Criminal Defense problem in spite of the threats that are being made, nevertheless you need to enlist the assistance of counsel to communicate with the outfit and act as your buffer. The tactics they are using may well be unlawful, but much more detailed information would be required to make that determination. I would expect that you could obtain competent counsel to help you without incurring a large fee. Because fees are not generally advertised, you have to talk to a few in your area to get a sense of the likely legal costs involved. Good luck.

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Posted

I 'second' what Attorney Jones advised who is licensed in PA and I am not. Use the "find a lawyer" tab here on AVVO so that you can locate available PA attorneys to consult. As Attorney Jones indicated, much of the conduct you describe may be against the law but only a consult where you share your specific facts and circumstances can guide you in this instance.

Best of luck!

The response to your question was prepared by the Law Offices of Raushanah F. Rodgers, PLLC for informational purposes only. Before you make a decision that may have legal implications, you should consult with a qualified legal professional to obtain specific legal advice tailored to your situation. Our response is not an invitation to enter into nor does it create an attorney-client relationship. Our response may be considered advertising under the North Carolina, New York and or Virginia Rules of Professional Conduct, all of which are applicable to our legal practice.

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Posted

You should consult with a consumer protection lawyer. The loan was likely illegal. The tactics used to collect are very likely to violate both federal and Pennsylvania Fair Debt Collection laws and consumer protection laws.

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Posted

Find a Debtor's rights attorney in the "Find a Lawyer" section

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Posted

Be sure to hook up a tape recorder to a telephone and get what they're doing on tape. Then take the tape to a consumer lawyer.

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6 comments

William A. Jones Jr.

William A. Jones Jr.

Posted

Absolutely DO NOT DO THAT. Recording such a conversation with the knowledge of the speaker is a violation of Pennsylvania's Wiretapping and Electronic Surveillance Act raising the prospects of criminal and/or civil liability.

Mark Hankins

Mark Hankins

Posted

Your lawyer will be able to advise you whether the tape was lawfully made and thus usable in court. In most instances where the tape would be illegal, it would be illegal because the other party on it had a reasonable expectation of privacy and was admitting to past conduct. Where the call itself amounts to the improper conduct and is from a business there is typically not applicability for a state wiretapping act. Plus, collectors typically announce that they are recording the call. Which means that the collector on the line is aware that they are being recorded. Assuming that for some strange reason your lawyer says the tape actually is illegal, there is an attorney-client privilege between you and your lawyer that means he won't be reporting it to any law enforcement. If you destroy the tape without it being played for anyone else, no harm no foul.

William A. Jones Jr.

William A. Jones Jr.

Posted

The questioner has already been advised by an attorney licensed in PA and VERY familiar with our wiretapping statute. Such a recording without knowledge IS ILLEGAL in Pennsylvania.

Asker

Posted

I did not record anthing. However i have two voicemails they left with the threats. I dont answer the calls so the only option i give them is to leave a voicmail and or to keep calling back

Mark Hankins

Mark Hankins

Posted

Then they know they were being recorded. No problem. If the machine is digital, save the recordings to tape so that they won't be lost.

William A. Jones Jr.

William A. Jones Jr.

Posted

Mr. Haskins agree on one thing. Any message left should most assuredly be saved. I would advise you to record the voicemails that you have (regardless of whether the originals are digital or analogue) on another machine (cellphone voice memo app. or handheld recording device as a couple of examples).

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