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36
mercfan
Actually it's against the law in all States - since it violates the Fair Debt Collections Act (FDCA).  Not only that, but by law, they are required to send the request for payment in the mail - with proof of the debt and give you 30 days to dispute it.  On top of that the FDCA allows you to request they stop contacting you by phone. However, you need their mailing address or a fax number in order to make the request in writing.  They will never give that out on the phone. This is also why they don't send the request for payment in the mail.

They know what they are doing is against the law, but they count on 30% of the people they call to just give them the payment over the phone by scaring them and the other 70% to not bother to report them.  You need to report them to your State Attorney General.  I had one of these places harassing me for a car loan that I had paid off 3 years before they started calling.  Luckily I was able to get their Company's name out of them, so I was able to locate the office in New York. I contacted the State Attorney General's office in NY and they took them to court.  2 days after the NY SAG had my letter - the calls stopped - they removed to erroneous debt on my credit reports and fined them for making the harassing phone calls.
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37
mercfan
Chris,

It may be a law in PA, there are a number of states that don't allow them.  However, these days many of the PD loans are processed online so they just ignore those laws anyway. Something else to keep in mind, most states also have a statue of limitations on collecting old debts.  Each state is different.  But that won't stop them from taking you to court - if it gets that far - most collections agencies submit a single page as proof of debt it usually just contains the amount, the date they claim the debt was incurred and maybe an account number. Which really isn't a proof of debt and you can dispute the invalid proof of debt.  They should have an signed contract (even if it's an electronic signature from an online transaction) and some proof they either represent the original creditor or they purchased the debt from the original creditor. Most can't provide that information.

If they do file a civil suit in your local county court to recover the debt - most people don't have enough money to hire a lawyer and they just don't show up. So they get a default judgment (even if it's an invalid debt) and can have the Court garish the amount from your bank account. This is another thing they count on. Which is why you should never just not show up, because if the debt exceeds the statue of limitation, or they don't provide a valid proof of debt - you don't need a lawyer - but you do need to inform the judge and they will toss it out. But you have to show up to do that.

Only 10% of these collection attempts actually get to court.  If they do try to sue you, a lawyer licensed to practice in your state has to file the suit for them - they will send several letters to your home before filing the suit and you would receive a registered letter from the court informing you of that date to appear. Most of these agencies like this one (threatening legal action on a call like this) won't even bother going that far because they don't want to spring for a lawyer.  On top of that, they wouldn't risk you telling a judge about the illegal phone calls they were making.
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38
"However, these days many of the PD loans are processed online so they just ignore those laws anyway."  That may be the case in other states, but in PA, it has been affirmed by the court that those types of loans are illegal no matter where they come from.  "statue of limitations"  Statues are in parks and museums, it is called the Statute of Limitations because it is a law, and no, once it has expired they cannot take you to court.  "garish the amount from your bank accoun"  are you trying to say garnish wages?  That again would depend on the state since not all states allow it.

You are on the right track, but you need to be more careful in giving out generalized information.
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39
Ticked off!
Received a message that there is a check fraud case against us.  Called back and ASKED what the name of the company is?  She said she needed to know what number the message was left on.  I said if I tell you the phone number, then you can tell me the name of the company you work for??? She said I AXED you for the phone number.  I said don't AXE me or I'll have to hammer you, I told her to learn to speak English.  The word is ASK not AXE, she said if that's how you're FINNA GONNA talk to me, this conversation is over, and she hung up.  I called back and said I have a very simple question, what is the company's name, she said National Arbitration, I said thank you very much, have a nice day.  Now I FINNA GONNA AXE all of you how do I report them so they can be stopped:)
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40
Texas01
All a scam to collect old debits!  It's not going to work!!!
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