I am being harassed by a payday title loan company with threatening phone calls texts, and
5 attorney answers
If it's a debt collector doing everything you described and not the original creditor (i.e. the payday lender), the debt collector is violating the Fair Debt Collection Practices Act ("FDCPA"). A debt collector isn't allowed to: (1) call you at work if they know you can't receive calls there, (2) harass consumers by calling 3-5 times a day, or (3) disclose your debt to third parties (other than your spouse, attorney, or credit reporting agency). If they're contacting friends and family and telling them they're looking for you in connection with a debt, they have wrongfully disclosed your debt.
Under the FDCPA , a successful consumer is entitled to up to $1,000, her actual damages, and attorneys' fees and costs. Because the statute awards attorneys' fees and costs, your attorney shouldn't need to charge you for services.
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I have yet to see someone who couldn't pay a payday loan that didn't belong in bankruptcy.
Once you file, you have a federal court order (the "stay") to cease collection activity, and they can be sanctioned by the court for violating this stay.
We can usually get people an appointment in a day or two for these..
Since you mention title loan, did you put up your car for this loan? Also, is the company that is calling you the same one that gave you the loan, or is it a third party collector? Ask them for the payment history for this loan. Then, you should speak with a qualified consumer attorney to review your agreement and recent contact attempts to see if there are possible debt collection violations here.
Definitely consult a bankruptcy attorney as they are experienced with handling these types of creditors. Even if you do not want to file bankruptcy, you will find most bankruptcy attorneys also deal in debt collection and can explain your options. You should be able to find an attorney who will offer you a free consultation.
I am licensed in Nevada. The above information should be construed as legal recommendations only and not legal advice.
How much debt do you have? Bankruptcy is always an option. Debt settlement is another. You should consult with a debt collection attorney as it appears your rights under FDCPA may have been violated. If so, attorneys will take such cases on for free because the creditor pays attorney fees.