In 2013, I obtained a payday loan through an online loan program. After making the payments/re-signing the loan for months there was fraudulent activity on my account. I went to the bank and took steps to change my account number. I thought that after doing so I had taken care of the loan by submitting my new account number. I, apparently, did not. Honestly, I had three or four payday loans at the time and clearly forgot about this one.
In the last few days, I have had multiple voice mails a day from people claiming to be a law firm and threatening fraud charges. I also received a phone call from the local county clerk stating their office received a notice of intent and need info to serve the summons.
I called the loan company and was told they placed my account with a third party debt collector.
The "law office" claims they have an affidavit from my former bank stating that the money was deposited to my account, but the withdrawal was declined.
Is it fraud without intent to defraud? I made my payments etc I just forgot to update my info. No check was written. I did not request funds against a closed account as they were direct deposited.
Collection scams like this are as common as dirt. Before you pay them any money, consider whether you may be dealing with a scam artist. I think you will find that they are not in any way legitimate. Here is a link (below) to an article I wrote about how to spot a scam collector and what to do about them.
I am not your attorney unless you and I have signed a retainer agreement. What I am saying is not legal advice. Do not act on this information without engaging my services, this is for consideration only.
This seems like a very common pay day lending scam thats been going around. Theres a good chance that the debt collector isn't legitimate. HOWEVER, you should talk to a local "debt collection" attorney to confirm. Also, most of the pay day lending scams like this I see are the result of identity theft so there is a good chance your information has been compromised. You can get free credit reports from all 3 credit reporting agencies - make sure you get your reports and see if anything is off.
Please be advised: I'm licensed in California only. This response is intended only as general commentary not legal advice and does not create an attorney client relationship. This response may be considered "attorney advertising" material. Nothing in this posting should be considered a guarantee, warranty, or prediction of the outcome of your case or any other case.
The other attorneys are most likely correct. This is likely a scam. However just to be on the safe side, please use the AVVO "Find an Attorney" tab at the top of this webpage and call a local consumer attorney. Most consumer attorneys are members of the National Association of Consumer Advocates (NACA) and the NACA website may be found at www.consumeradvocates.org. Many of us give free consultations and it is certainly worth your time to reach out to prevent a problem before it arises. Hope this helps!
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline