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moopie | Jail time for payday loan in CALIFORNIA and now live in AZ? Help!!? |
We just got a call today threatning my husband with a warrant for jail time for a payday loan taken out in California 4 years ago! We now live in AZ. We are just now getting over having serious health problem and were considering bankruptcy. Can they do this? We offered a payment arrangement and they hung up on us saying we have 2 hours to pay otherwise they will seek to obtain a warrant for his arrest. Neither of us has had any legal problems and other than having a serious problem with debt that we were already planning on paying we have been good citizens. Can anyone please tell me what can be done or if anyone out there has had this type of experience? The company making threats is Bloomberg Soloman & Associates based out of GA. Please let me know if anyone out there has had this type of experience. Thank you. Also can you put a payday loan on a bankruptcy?
Additional Details
Yes this did require a post dated check. As far as I know they have made no other attempt to collect other than this call. We tried asking for some other info and a letter if possible but they hung up. I made attempts to locate company and only found address on internet but not a specific description of what exactly they are, whether a collection agency or an actual attorney office. The check was for 500.00 I believe and they said they contacted Tucson Police department and that they saw my husband has no criminal or fraud record and were willing to waive the interest charges which brought this 500.00 loan to just about 4000.00!!! They said they would take payment of 500 but it had to be NOW like today!!! He said he would do it but it would be in two payments one today and one on the 10th. They said NO and Hung up! Let me know if you any of you need further detail on this although I am not sure what else I can say. I am having a terrible pregnancy and honestly this just broke my heart. |
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a5150ylee
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First off, there is no such thing as a debtor's prison in the USA. You can not go to jail because you owe money, you can only have possessions taken from you in a judgment.
You should probably talk to a lawyer, and have him deal with the company directly. But having said that, I wouldn't worry about it too much. All the lending companies have really been hurting over the last few months. This is probably someone who got their butt chewed out because their area had a high delinquent rate, and they are loosing their job.
A 2 hour demand to pay a 4 year debt is completely ridicules. And if they haven't mad repeated attempts to collect over the last 4 years, a small claims court would probably throw the case out.
It should be able to place the loan on the bankruptcy, but if it's one of those deals where you post dated a check and the check bounced, then that's actually a criminal charge and a warrant actually could be issued. As far as I know, there is not extradition across state lines for bad checks. But I could be wrong.
Next time they call back, tell them you tried to offer a payment plan and they hung up, so now you're just going to place them on the bankruptcy. |
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Miss Alexis
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#1. Ask them to furnish proof of the debt.
#2. Call a lawyer.
Thats's the best you can do right now. |
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bdancer222
 |
Yes a payday loan can be included in your bankruptcy.
I would normally say that your husband can't be put in jail for unpaid debts but don't these payday loan places require a post dated check? It could be criminally prosecuted for bad check.
You should contact an attorney specializing in bankruptcy to determine if you should file bankruptcy. |
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rlloydevans
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Tactics such as this are a gross violation of state and federal laws regulating collection practices. Contact the Attorney General for Arizona and the US and make a complaint. |
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∞infiniti∞
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Relax, there is no debtors' prisons in the US. A debt is a civil mather, not a criminal one. They cannot legally collect anything from you before they sue you in civil court. The debt may also be outside of the Statute of Limitation (SOL). If it is, you have no legal obligation to pay them. Check the link below for your State's SOL.
http://www.cardreport.com/laws/statute-of-limitations.html
Also, threats like this is against federal laws (FDCPA). Get a taperecorder and tape them if they ever calls you again. You may have a case against them. |
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butterflycat1977
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Don't let them get to you. From the sounds of it, they're just a collection agency. They don't have the right to threaten you with arrest or to get your paychecks from your boss or anything. Those threats are actually violations of the FTC and they can be fined if you can document the threats. c
Next time they call and try to threaten you like that, tell them you're not some gullible idiot, that you know your consumer rights, that they're in violation of FTC (federal trade commission) and that you will report them if they do not stop the threats, which will lead to fines to their company.
You should look into FTC website and learn your consumer rights. Collection agencies can't take any legal action (jail time, garnish wages, etc). They are supposed to "work with you" to collect the debt. However, lots of agencies are full of assholes who think they can take advantage of weak people.
Don't believe anything they say! Have everything in writing! |
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Michael C
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You didn't go in to a lot of detail. But I do know this, if you haven't been taken to court there is no warrant. Look up Bloomberg& whatever it is online and see if it a legit company. I'll bet you find it is a collection agency. If they call back ask them to send proof of the debt. If they balk at that tell them not to contact you anymore or you will sue them for harrasement. |
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Ray S
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just think about skooter libby, and paris hilton, and linsey lohan, this is america, jails are so overcrowded they are putting out hotel signs, no vacancy! |
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ressary1988
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My husband had the sam thing happen to him but the thing is is that we have lived in Texas our whole lives an they said that he went to California and took out a loan which never happened. So I called cops and they said its just a scam. |
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