However, if you didnt give this caller any information, its unlikely he has access. Please help I dont know what to do. This is the second time I have been called by being threatened by a different company. 1. will I be bound (even overseas) by JUDICIAL ESTOPPEL judgments of Supreme Courts of US? However, this would be done by the District Attorney, not some debt collector. Claims he was an investigator for North Star and Sagamore. Then it went to I had 24 or 48 hours to contact or I was going to be arrested. He said if i dont make a payment today that the county police will have me arrested for bank fraud and for bouncing a check. I never had a different account and as well I never had a single payday loan. or contact the Department of Financial Institutions. The PACER service, which provides remote access to case-related information for registered users, currently assesses a fee of $.08 per page. That story sounds just like the others in this thread. Most creditors will contact your attorney once you give them his/her contact information. Ihave received no documents from them, no calls or contact from the local Sheriff or DAs office. Method 1 Reporting a Crime Download Article 1 Dial 911 to report a crime in progress. I contacted the company and they state I am being sued from the Bank of Delaware from a transaction I made in 2007. I called them to tell them that the loan should have been paid back and they said that whole time I was paying interest on the loan. The woman gave my mom information about how much I owed and personal info she had on me. If the caller is a true debt collector, you should speak with a local consumer protection attorney. NACBA is a good place to start. Have you ever heard of any situations where these terrorists physically harmed someone? If you fail to respond us the charges will be pressed against the name are: Im 95% sure this is another example of a scam. For advice specific to your individual situation, you need to speak with a local attorney. I was unable to pay the loan back fully. my husband recieved a threating phone call from an attorneys office saying to pay $900 by the end of the day or he will be arrested for check fraud by tommorrow they will come to his place at work they want the money in full. I never had any intent on NOT paying this loan, I just couldnt afford it anymore.. They can sue if you default on a debt, but only the D.A. I know im not guilty but he is claiming they have evidence and wont let me see the evidence or even tell me what the proof is. If you cant afford the payments and default on the loan, the lender can sue you, get a judgment against you, and then attempt to collect on that judgment. Legitimate debt collectors dont pretend to be law enforcement, and legitimate law enforcement officials dont (typically) waste their time on debt collection for private companies. They knew who I was when I called. Thank you. IInstead they sent me to collections right away claiming i didnt pay anything when almost half of the loan was paid and the collections agency were even calling me at work and leaving messages to the front desk. For legal advice tailored to your specific situation, you should speak with a local attorney. The threat of arrest makes it sound more like a scam. Guy got rude and so I just simply hung up. The guy starts to get irate. You can learn more about these hearings and the criminal justice process on our Criminal Law page. It sounds to me like your mother was just scammed out of $1100. I didnt get a loan! A statute of limitations is a law that forbids prosecutors from charging someone with a crime that was committed more than a specified number of years ago. They would go and try to withdraw money from my checking account often times resulting in an overdraft. A few states have no statutes of limitations for any felony. If i did, i have no record of it. i know how some scams work and this i do not believe is legit, until i get the papers he or the payday lender is not getting a dime. But he said they cant tell me who I owe. Then later on says he is going to contact my county to get them involved in filing a summons. I asked him haw did I steal the money and you had all my information and that you tried to garnish my wages inwhich prompt me to file chapt 13 in the first place? These callers are typically scammers, not actual debt collectors. And if you are on SSI then they have no legal right cause you cant garnish SSI. She stated they no longer send it via postal mail. How To Obtain Criminal Record Check. What can I do? They never asked for any money, probably assuming from my skeptism that I would not pay, EVER. I repeatedly call her and no one would answer. Of Justice call you and demand money? He was very ugly and sent me an email from a google account. Good luck! A few states have no statutes of limitations for any felony. It depends on what the statute of limitations is for collections in your state. I was past due on a payday loan so an atterney sent me a letter that the company is issuing a warrant for my arrest and that I may be seen on crime stoppers can this happen. The fact that the caller knows your full SSN is troubling. But since i dont have a criminal record he put me on hold to check with the restitution dept (supposedly) to see if there was a way to avoid me going to jail today. They told me Iwould have to $2100 if Iwanted to get out of jail.this is crazy! Thank you. I have a Paralegal certificate but unfortunately have not found employment in Los Angeles even though I graduated from UCLA and Im an a SSDI recipient as well. Does the victim go down to the police station to file a complaint and press charges? Again, its probably a scam. But the creditor must go through court, and have a state court judge issue a ruling. This blog is only intended to give general information, not legal advice. If you stop returning their calls, theyll likely get tired of wasting their time and will move on to easier targets. They had alot of my personal info so that is what scared me into believing it was a true collection agency. Theyre hoping youre too scared to look up Nason Law Firm on the web. This girl called me last week . The contents of this web page are for informational and educational purposes only, and nothing you read is intended to be legal advice. Do ppl really pay these ppl money?? I was contacted two days ago by a woman who said she worked for National Filing. Of course, I dont know all the details. You need to speak with a local attorney for advice specific to your individual situation. Its a real email, but it sure sounds scammy to me. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Charging is up to the proper prosecutor. I got a call on 6/27/2014 from Sugarland,Texas and was read check fraud charges on the phone and was told I did not pay a payday loan from 2008 in fact I have a receipt that says I did. I recommend you speak with a local attorney. I got a call from a person claiming to need to settle a dispute against me regarding not paying back a loan from 2 yrs ago through the cash advance co. MyCAsh.net. Thanks for sharing. For example, in most states, there is no time limit to file the charges in the case of murder, which means that the prosecutor can file the charges after many years of crime. However, many of them operate out of call centers overseas, and are hard to track down. I asked how he got my fathers number and he said that I was on a recorded line with a silent listener who worked for the state and she got his information. While I suppose its theoretically possible, Im 99% sure that was just a bogus threat. Good question. Theyll eventually give up and move on to more gullible victims. If the nature of the crime is unembellished, the longer will be the limitations of statute, and the prosecutor will take the longest time to file the charges. Government employees dont call and offer to settle before coming to arrest you. A criminal complaint is also known as a felony complaint, and is slightly . They are calling everyone now all my Friends and family and threatening me. Once we got off the phone, by brother called the DAs office and questioned the process for checks needless to say, the DA would first attempt to make contact, they wouldnt just send a car out to pick someone up second, the statute of limitations in Texas is 2 years under $1,500 and 5 years over $1,500 Im well into 6 years past. The big red flag is the threat of arrest. If youre concerned, you should talk to a local attorney. And now I am thinking of resigning or making an AWOL because of that. If they are scammers I dont want to give them any information. Lets learn how to file criminal charges against someone. i was contacted by a man saying i could look foward to the fbi being at my house in the morning then started screaming at me through the phone and has been leaving me threatening voicemails. Colonial accepted the checks $1148.00 and $986.02. But the debt collector has no standing to file criminal charges himself. If you want legal advice specific to your situation, youll need to contact a local attorney. Hi Bret.. thanks for posting this. Similar to the above scenario, the police might need additional evidence to obtain an arrest warrant for the suspect. If they are legitimate debt collectors, you may have FDCPA or state law claims against them, as certain debt collection practices are prohibited. Proceedings in forma pauperis are governed by Title 28, U.S. Code, Section 1915. If a prosecutor charges a "stale case," it may still proceed through the courts. They state they want to talk to them how they want to handle me being their employee and being a defendant in defrauding case and sometimes they say theft by deception. And your local D.A. In either circumstance, you will be served with, or at least sent, a notice of the charges. Now I am getting calls from a company at my parents land line telling me that I owe $1200 but that I can pay $600 now and settle everything. Over the past 4 days my family and now my Human Resource department has gotten calls from a 855 number stating they are trying to reach me regarding unpaid debt. I do owe for the payday loan, but due to health issues, I can no longer hold down a job and I am on SSI/SSDI. But based on the story you told, it has all the signs of a scam. Good luck! If youre worried, you should speak to a local consumer bankruptcy attorney. You cannot go to jail for simply defaulting on a debt. Told me am I kidding him felt like he was taking me as a joke. released on the promise to appear (O.R. Sometimes the caller will call a parent instead of the target, hoping that the parent will pay before talking with the target. I proceeded to set up 3 payments with them, my question is, what is the worst that can happen if I cant make those payments? You have quoted 818(b)(1) and 818(b)(2) correctly. As a matter of fact, I called the county clerks office and they had no record of anything being filed against me. To press criminal charges means to file a criminal complaint against someone believed to have committed a crime. They dont ask for an address. would have to gather evidence and track down their location. Threatening arrest is a typical tactic used by scammers and unscrupulous debt collectors to frighten debtors into coughing up a bit more money. The phrase "pressing charges" gets thrown around a lot. Sounds like a scam to me for many reasons but I just wanted to run it by someone. They wont sue, because they know they dont have a valid claim. Case File #29WD90315-77 Until the expiry of the status of the limitations, one cannot overrule the prosecutors decisions. This also saves staff time because they dont have to spend a lot of time with defendants looking to I cant remember what else they said. Whether its a legitimate debt or not, these calls are out of bounds. For general information, please re-read the original post and review the other comments. Doubtful. They are forgein with American names. While its possible that Tennessee law allows it (Im not licensed in Tennessee and am not qualified to give legal advice about Tennessee law), you cannot be arrested for defaulting on a loan in the majority of jurisdictions. She also said that I should have received certified papers in the mail stating the legal proceeding if this was really a legit issue. I advise everyone to just ignore scams. I then looked them up and found this site so do I keep paying now that I have already paid? Thank you for your prompt response. i also found out in the FDCPA that on 818 15 USC on page 1692 section (B) It says that A check is described in this subsection if the check involves,or is subsequently found to involve- The defendant raises the issue and the judge dismisses the charges. If you have questions or want legal advice specific to your individual situation, you need to contact a local attorney. I feel so helpless. So i hung up. I just received a call this week from a place saying they were arbitration, and that I was to be issued a summons for intent to defraud a banking institution unless I have a payment arrangement. After the call, when I calmed down some and actually thought about it, neither business actually said the business name when I called, they never told me who I owed, and they never said where they would file charges. what should i do? Let's start from the beginning on who makes charging decisions and why. See my answer above to Melissa. I had something like this an Attorney called and left a voicemail about how there were allegations pending against me and this was on a Sunday when most offices are closed so i had a bit of suspicion and ran his number through even though i could not find the company i was able to find reviews about the 800 number and posted a comment about how this person called me. my grandma called me up last night and said this guy named frank smith said that i had a return item with my ssn on it and that i need attorney for this.the phone number is xxx-xxx-xxxx. I had someone from Hightower Legal Processor call me on Thursday, they indicated that they were submitting court documents to obtain a warrant for my arrest for wire scam and defaulting on payday loan. Im guessing they will not call you back. That is their motto. I made a few payments to them, and then lost my job. Bret Nason, Attorney at Law Karrmann Prof. Building 55 E. Main St. Platteville, WI 53818 (608) 348-4466 bret@nasonlawfirm.com. The best way to get them to stop is to ignore their calls. I had a man call me and tell me I owe 3000 sum dollars since 2012 and he sed sumone wud serve me pappers to go to civil court and the DA wud prosecute meis this possible sir. I agree with the FTC rep; this sounds like a classic scam. Yep. I have a couple of pay day loans out and have paid more than the principal balance + legal interest to them according to the laws of NYS. After several heated and very stressful phone calls with this law firm threatening me with arrest on felony charges of theft and bank fraud resulting in prison time If so, how do I protect my information now? Get a number and name immediatly call your State Banking Department and report the call. He says, Basically there is a possibility that she might have a bench warrant to appear in court if we are not able to get ahold of her in time or a possible license suspension if she has one. He says there has already been an alert placed on my state ID and social. Just another reason why anyone getting sued should be represented by an attorney. Is this a civil matter or criminal? Criminal charges are brought by the district attorney, not a debt collector. she came back and told me if I pay $860.00 today then charges wont be filed, and if I dont then I will be in court tomorrow & arrested on a warrant?? I had taken out a payday loan back in 2009 for $500. And so now these people are getting upset because I refused them access to my account. The callers refuse to provide information regarding the alleged payday loan or any documentation and become verbally abusive when questioned. I gave her my debit card number and did the whole recording thing. Federal court wont come into play, because the amount in controversy is well under the $75,000 threshold. Then he first said it had to be today, then he said to call him back on Friday and he would then give me the information on how to pay the $300.00. Sounds like a scam to me. They are in a position to help all these suffering people losing their entire lives but instead bait them. Ill bet no one showed up to transport you to jail. Good luck. Your attorney can tell you if this is a scam or a legit debt collector. Absent fraud, you cannot be arrested for merely defaulting on a loan. Regardless of what the payday agent tells you, defaulting on a loan is not fraud without other facts to back up such a claim. I took out a payday loan from CashnetUSA about a month or so ago for $600. Instantly, my mind snapped and I calmed her down and explained that although she does owe the money, these people cant take any legal action against you. In contrast, a government prosecutor initiates legal action with criminal charges. In general, a bounced check that was presented as security for a payday loan is not a criminal matter. Legit debt collectors can contact family members for location information, but may not state that the consumer owes a debt or communicate with the family member more than once (See 804 of the FDCPA). (Arabic), If you feel threatened, you should contact local law enforcement. If the person ignores the subpoena, refuses to testify, or doesn't appear at trial, the judge can issue a bench warrant (like an arrest warrant).
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