What to do if some payday online loan is calling me saying that I borrowed money from them and if I don’t pay it back I will be put in jail?

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What to do if some payday online loan is calling me saying that I borrowed money from them and if I don’t pay it back I will be put in jail?

I applied online for a loan but never got approved and the only way I can get the money is from my bank account. I have never received money from a payday loan online. And I checked my account and no actions of money coming in or withdrawls of the cash they said I “borrowed.” I don’t ever recall being approved from a online payday loan.

Asked on January 5, 2013 under Bankruptcy Law, California

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You actually have two options and you should take advantage of them both.  It sounds like you are getting calls from a debt collector that does not know the law-- we don't have debtor prisons anymore in the U.S.-- even if you did owe the money.  So his threat to throw you in jail is a clear violation of the federal Debt Collection Practices Act.

Your first option is to contact your state's attorney general and file a consumer complaint.  Here is a link to their site which directs you to the filing of a complaint:  http://oag.ca.gov/consumers

You should also contact a consumer attorney and talk about filing a federal or state suit for the illegal collection activities utilized by this collector.  I suggest that you contact a private attorney and the attorney general, because even though the attorney general has a bit more muscle, a private attorney can sometimes move a little more quickly at getting you relief.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Contact your state attorney general as soon as you can with all the information you can on the company and their whereabouts.  There have been payday loan collection scams reported all over the country and you may be a victim of just that.  Play along with them to get information.  Ask for an address to mail payments to.  DO NOT GIVE THEM ANY PERSONAL INFORMATION.  Good luck.


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