Can you be prosecuted for a unpaid pay day loan? 7 Answers as of March 10, 2014

I was contacted by an attorney office and was told they were hired by a collection agency to collect on an unpaid payday loan. I was advised that my case was being sent to the county prosecutor's office today if I did not make payment. They said I was going to be charged with theft by deception; check fraud and violation of banking regulations. Can they do this?

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SmithMarco, P.C.
SmithMarco, P.C. | Larry P. Smith
I have heard many many stories similar to yours regarding payday loan so-called collectors. We have done some investigating into these companies as well. What you are experiencing is a complete scam. This is not a real company calling you. There is no real corporate headquarters, no real business structure, and no location where a corporate officer can be located. All addresses we have located have been either a post office box, a UPS store, or some other location that does not house the business. In short, this may be a scam. Certainly, in our experience, none of the threats made to people about arrests, warrants, or sheriff's on their way have come to fruition. You should not make any payment to this agency or provide them any personal information or bank account information. It is likely that it would only be used for improper or illegal purposes. Moreover, any threats made to have you arrested or take you away are completely bogus. Nobody is coming to get you and you are surely not going to be arrested for this debt. It has been our experience that a very aggressive response by you tends to make them stop calling. Once you make it abundantly clear that they will not be seeing one cent from you no matter what they say, they will eventually give up and move on to someone more gullible.
Answer Applies to: Illinois
Replied: 3/10/2014
Stacy Joel Safion, Esq.
Stacy Joel Safion, Esq. | Stacy Joel Safion
This is a violation of the Fair Debt Collections Practices Act.
Answer Applies to: California
Replied: 3/6/2014
Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
You are being scammed. You cannot be prosecuted.
Answer Applies to: Illinois
Replied: 3/6/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
No, they are just using scare tactics. Ask them to fax you a letter for the pay off on the law firm letterhead. You will not hear from them again. Regardless, it is a civil matter not a criminal one.
Answer Applies to: New York
Replied: 3/6/2014
Kirby G. Moss PC | Kirby G. Moss
Payday loans are a loan wherein you sign a post-dated check, which then serves as a promissory note(not a check.) So the answer is no, they cant do that and are simply threatening you to get payment.
Answer Applies to: Indiana
Replied: 3/6/2014
    Dion & Forsyth, P.A.
    Dion & Forsyth, P.A. | Douglas W. Forsyth, Esq.
    No they cannot bring criminal charges. While there could be a civil suit to recover a monetary judgment that does not involve criminal proceedings and certainly not jail time. In fact the tactics you describe could be violations of the Fair Debt Collections Practices Act and they could be held liable for monetary sanctions.
    Answer Applies to: Florida
    Replied: 3/6/2014
    Law Office of Joshua R.I. Cohen
    Law Office of Joshua R.I. Cohen | Joshua Cohen
    Tell them you're going to hire a consumer attorney because you think they're lying. If they're lying that consumer attorneys going to sue them. Now go hire a consumer attorney.
    Answer Applies to: Connecticut
    Replied: 3/6/2014
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