These people keep calling and wanting money otherwise they threaten by turning you in to local authorities with a warrant issued for your arrest on fraud charges. The funny thing is that it's a threat and harassment. Nothing ever happens... They should be sued for Harassment and false accusations...
Warrants are never issued for civil debt.
This is a common ploy by criminals attempting to extort money from people by scaring you into believing that you will be criminally charged, go to jail, lose your driver’s license, have wages garnished, be sued, and a variety of other variations on this, all for an alleged or nonexistent debt. One of the tricks they use is to call your work place repeatedly in an attempt to shame you into paying. They also use the “process server” who calls and claims he is going to serve you, but then says you could avoid it by calling another number. Now why would a “process server” want to do you, a stranger, a favor, and at the same time not get paid to deliver the papers?
Federal law (FDCPA) requires them to send you a letter (US MAIL ONLY) within 5 days of their first contact that contains their name, physical address, the creditor’s name, and the amount of the alleged debt. It also must contains “mini-Miranda” telling you that it is an attempt to collect a debt and that all information will be used for those purposes. The one other important thing that this letter must also have in it is that you have a right to dispute the debt within 30 days of receipt of the letter and if you do so, all collection activity must be stopped until the debt is verified.
Read up on your rights here, get template letters to send and also make a complaint at this government site: http://www.consumerfinance.gov/
Also file a complaint with your State Attorney General's office.
List of State AG’s offices: http://consumerfraudreporting.org/stateattorneygenerallist.php
That is all well and good for a regular debt. They say I owe a payday loan made over the internet. I know they are illegal unless the have permission to operate in my state. Since when I called them, they told me it was there in Texas, they wanted to settle. I got pissed and yelled at her and she said she was going to expedite it. It was not to arrest me but to put a complaint with my county attorney's office and the county attorney would schedule a court date. Sounds like they want to file a judgement on me. Also when I asked where the debt originated, she gave me the client's name but said they operate under several different names and it could be any of them, she had no way of knowing exactly.
Internet payday loans are illegal in Kentucky unless they are registered to do business in the state. They will get no where. They have no physical check as an instrument stating they loaned me the money and I am not even sure if it is mine.
They(Monica White at Smith and Associates) also stated that I had a right to the original document (which I asked for), but it was sealed by the states attorney office there, and I would need to hire a lawyer to have access to it. Some big red flags there. I told them to go ahead and expedite or do whatever they needed to do.
County attorneys and state attorney generals do not get involved in collecting civil debt which is what a payday loan is. The district attorney has nothing to do with the collection of civil debt and he in fact does not schedule court hearings, that is done by the clerk of court or the prothonotary. You would have to be properly served by US mail or by a court authorized person. Everything in my post applies to any sort of debt, credit card charges, loans, car loans, mortgages (with some caveats), payday loans, internet loans, and the list goes on.