QUESTION
Can an online pay loan that I defaulted on press criminal charges like bad checks on my family members?
Asked on Aug 08th, 2013 on Bankruptcy - New Jersey
More details to this question:
A pay loan company is calling my family members and threatening them that they are going to press charges for a bad check.
4 ANSWERS
No, their conduct violates Federal law. Get a lawyer and sue them.
Answered on Aug 09th, 2013 at 11:49 AM
Kirk David Miller
No. What they are doing is harassment and illegal. Your family should not pay them under any circumstances. You should also contact the attorney general in your state to complain.
Answered on Aug 09th, 2013 at 11:39 AM
Debt Collection Attorney serving Chicago, IL
Partner at
Edelman, Combs, Latturner & Goodwin, LLC
2 Awards
1. Under no circumstances is nonpayment of a loan criminal. 2. The bad check statutes do not apply to a postdated check issued in connection with a loan. They also do not apply to ACH authorizations and the like. 3. Most online lenders are unlicensed. Their loans are unenforceable. You may be entitled to substantial statutory damages from them. Send them a letter stating that you refuse to pay. 4. The type of collection conduct you describe is abusive. Report it to law enforcement (Federal Trade Commission, Consumer Financial Protection Bureau, state Attorney General). 5. The main problem with taking legal action against such lenders is finding them.
Answered on Aug 09th, 2013 at 11:12 AM
General Law Attorney serving Cherry Hill, NJ
at
Mark S. Cherry, Attorney at Law, PC
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They are probably violating collection law as spelled out in the Fair Debt Collection Practices Act (FDCPA), which protects consumers from abusive, harassing or unfair debt collection practices, and is enforced by the FTC.
Answered on Aug 09th, 2013 at 10:25 AM