Can a collection agency for a way over due payday loan call the cops on you have have you arrested?
Way back in Nov. I had taken out a payday loan, well when it came time to repay I didn’t have the money so I took out another loan… I have 7 outstanding loans now….. BAD DEAL!! Well they have turned most of them over to collection agencies…who continue and continue to call me at home and work…. my boss is getting very, very upset!!! Well today a guy called me at work, I talked to him and he stated that I had only 3 hours or he was going to have to take action… I asked him what he ment…. he stated that this act of mine is a crime…. and he asked me what happends to criminals… I asked if I could be taken to jail…. he didn’t say much. So I managed to get off work to go home… called him back with my debit card info….. well there is no money on it yet since I get paid later today so ofcourse it came back denied. He called me back and I asked him to hold off till I could get my check deposited and such…….. which would have been 4 hours after he called me.
I just kinda find it funny cuz I told him that I had to work 1.5 hours past my “deadline” he then stated…. well I’m just letting you know…. so you can call me back with a payment, wait for the worst to happen (cops come and arrest me,) or I can run! I told him that I’m not that crazy to run from the cops, he stated that…. this is what it looks like I’ve been doing with this debt since it happend way back in Nov. He also stated that since I used a check for this payday loan I can be taken to jail for a bounced check on a closed account.
What I was wondering is if they can really have the cops come TODAY and arrest me for this over due payday loan?
Thank you
Well he just called me back because my deadline was up at 2pm. He left a message so I called him back. I told him that he needs to stop harrassing me and such…. he stated that I called him… he said that I’ve been playing around with him all day… I asked him to tell me what was going to happen again and he wouldnt say anything…. he said that they were going to do what they have to do… wished me luck and hung up the phone
This practice of collection is illegal in accordance with the following:
CITE: 18USC894] TITLE 18–CRIMES AND CRIMINAL PROCEDURE PART I–CRIMES CHAPTER 42–EXTORTIONATE CREDIT TRANSACTIONS
Sec. 894. Collection of extensions of credit by extortionate means
(a) Whoever knowingly participates in any way, or conspires to do so, in the use of any extortionate means (1) to collect or attempt to collect any extension of credit, or (2) to punish any person for the nonrepayment thereof, shall be fined under this title or imprisoned not more than 20 years, or both. (b) In any prosecution under this section, for the purpose of showing an implicit threat as a means of collection, evidence may be introduced tending to show that one or more extensions of credit by the creditor were, to the knowledge of the person against whom the implicit threat was alleged to have been made, collected or attempted to be collected by extortionate means or that the nonrepayment thereof was punished by extortionate means. (c) In any prosecution under this section, if evidence has been introduced tending to show the existence, at the time the extension of credit in question was made, of the circumstances described in section 892(b)(1) or the circumstances described in section 892(b)(2), and direct evidence of the actual belief of the debtor as to the creditor’s collection practices is not available, then for the purpose of showing that words or other means of communication, shown to have been employed as a means of collection, in fact carried an express or implicit threat, the court may in its discretion allow evidence to be introduced tending to show the reputation of the defendant in any community of which the person against whom the alleged threat was made was a member at the time of the collection or attempt at collection.
Next time they call, advise them of this fact, but better yet, just contact your state attorneys office and file a complaint.
Hope this answers your question.
LEGAL DISCLAIMER: The advice contained herein is for informational purposes only. It is not to be construed as Legal Counsel nor Legal Advice.
We don’t have debtor’s prison in the US. This was a scare tactic. Payday loan collectors are not known for playing by the rules.
It was a very bad on your part to give this guy your debit card number. Don’t be surprised it your bank account gets hit frequently. However, I’m surprised the payday loan companies haven’t been draining your bank account. They normally insist on authorization for direct withdrawls.
You need to work on paying off these payday loans one at a time. Figure out how to find the cash — have a garage sale, sell blood, collect alum cans, pawn your jewlery, get a second and third job.
First of all; you can tell them that you can tell the collections agency that you cannot get calls at work and they cannot call you again at work.
Please PLEASE go read the Fair debt collection act.
HE CAN NOT tell you he’s going to call the cops and what not if he’s not. (He would first have to file a claim and go you would have to go to court and they would probably work try to work out payments and what not before you would get arrested SO take a DEEP BREATH) Its against the law for him to tell you that and you can actually sue him for harrasment and all this fun stuff.
Collectors are scum.
I highly suggest you visit Dave Ramsey’s website. He knows exactly what collectors can and cannot do. For example: “Collectors use psychological warfare to get you to pay them. They try to make you emotional enough so you pay them before buying food or paying the rent.”
They CANNOT “take you to jail”. You are NOT a “criminal”. They CANNOT call you at work if you ask them to stop. Again, check out the website.
I agree - you need to tell him that he can go to jail for the type of collection tactics he is using. However, you might be in slight trouble yourself. One of the reasons payday loan companies ask you to write a check is they know they maybe able to prosecute you for writing a bad check if you do not pay them, and they deposit the check.
You are in a difficult situation. I would definitely see if you can talk to someone in the legal arena. Try legal aid if you qualify. They definitely have advocates that are against payday lenders - especially those who use these collection tactics.
Collection agancies will tell you anything to get their money . That is what they do for a living .. You should call a lawyer , get a free consultation over the phone .
To work for a collection agency you must be crafty and able to lie well over the phone .
Last time I had to deal with one … I just kept hanging up on them . When I had the money I paid off the debt.
This guy thinks he is being smart. He did not actually tell you that you would go to jail. He heavily implied that you would go to jail and led you to that conclusion. However, it is still illegal.
I had a friend who would just chat with the collection agents. He would ignore their threats. He would ask them how their day was. He would ask them if they had seen certain movies. He would ask them what their favorite food was. My friend would completely keep his cool and keep asking questions and trying to make chit-chat. The collection people would go crazy. He recorded some of them and it was some pretty funny stuff.
There’s no debts prison yet. When they call again, talk to them for a minute or so, then add the conversation is being recorded thru your phone co per your request.
Debt collectors are notorious for scare tactics, no you can not be arrested for an outstanding bill, if that were true all of us at some point would have an arrest record. These collectors will say and try anything to get the money owed but they are suppose to follow guidelines under the Fair Debt Collection Practices Act passed in 1977. For more information on what’s allowed and to educate yourself on your rights my advice is to look this act up on the web, Wikipedia has great info, also you may also look it up by state, i.e. Fair Debt Collection Practice Act ( the state where you reside). Never forget, you have rights, and if they continue to say and do things they are not supposed to call them on it, tell them you’re recording the conversation, save any harassing message they leave on your voice mail, then watch and see whose scared!! Also, a personal experience, if you owe money to a creditor and you agreed to pay say 100.00 dollars a month, and say you cant pay them for one reason or another, did you know that if you send them a dollar a month they cant touch you. IF they refuse the payment and it ends up in court and you have proof that they refuse it, the judge will make them write it off, why, because you were making an effort to pay the bill no matter how small, and they didnt accept what you were able to pay, and the creditor can not put the write off on your credit either. BTDT!!! These collectors get paid a percentage of what they collect, remember that, so when they call you like they have been if they are not following your right, you tell the hey you are not allowed to say or do that. The reason they get away with it is most people dont know their rights. So educate yourself, and when the next call comes in, you’ll be ready for it. Good Luck
Sweetheart, throw your head back, laugh out loud, and hang up the phone.
There is a way to make it so that when he calls you, he gets consumer affairs instead. Contact me if you would like help.
They are harrassing you, and you don’t have to put up with them calling you on your job. You need to speak with a lawyer or a legal aide person so that you can better understand your rights, and so they can point you in the right direction.