It's a total scam. Defaulted payday loans do not magically transform themselves into bad check charges. Debt is a civil matter only. You can't be arrested for an ordinary civil debt. We do not have debtors prisons. In order to be prosecuted for writing a bad check, you have to actually WRITE A BAD CHECK! If you had, the bank would have notified you and if they wanted would turn the matter over the police for investigation. Finally, only public prosecutors can file criminal charges. Debt collectors have nothing to do with prosecutors, or police. Private companies cannot file criminal charges. Period. Go to the local police and tell them what happened. You are the victim of an attempted extortion. They are simply trying to scare you into paying them money.
Fraudulent or Zombie Debt Collectors—Things to Know
If you have received a call stating:
1. You have defrauded a financial institution
2. You owe an unpaid payday loan
3. You have a warrant due to an unpaid loan
5. You will receive a court summons
6. Authorities are coming to arrest you
7. Anything similar to above,
a. Do not give them any information or verify any information for them
b. Tell them you know they are a scam operating illegally and that you are filing a complaint with the appropriate authorities
* File a complaint with the FBI on their Internet Crime webpage http://www.ic3.gov/default.aspx
* File a complaint with the Attorney General for the state you live in
The more information and complaints there are, the better the chance of getting these criminals to stop (or at least reduce the frequency). [abstracted from another site]
Legitimate process servers do not call to warn you, or to get money from you to stop the process. They will deliver the notification without warning.
Also, if you were threatened with an "arrest warrant" via a phone call or email, read this:
http://news.uscourts.gov/warning-arrest-warrant-scam
"The warrant is phony. A valid warrant would not be served by fax or e-mail. It would be served in person by a U.S. Marshal or other law enforcement officer."
"Anyone receiving a fake arrest warrant should contact the FBI or the district U.S. Marshals Office. If there is any question regarding the authenticity of a warrant, contact your district clerk of court."
Received a call from this phone number 210-852-2860 stating they were with pretrail litigation services stating that I had a payday loan from 2011 that wasnt paid and they would be forwarding info to an attorney in my town... they were unable to give me the amount of the loan or when it was deposited stating that it was from a company called advance america .net.. the guys name was Richard klein...anyone else get this?
The Fair Debt Collection Practices Act (FDCPA) includes statements such as this:
* Every collector must send you a written “validation notice” telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don’t think you owe the money. ["Written" means snailmailed ... not emailed or texted]