Legal Question in Credit and Debt Law in Alabama
This morning a man called me to tell me that the company he works for will be filling an afidavid on me tomorroq morning a 11am. He said that I had defaulted on a payday loan. I have all of my bank statements which shows what payday loans I have ever taken out and when it was paid. I do have one out now that is due next month, again I have documents that I downloaded and printed of the contract. When asked what payday loan company it was he said they have about 300 compainies. He could/would not tell me the company, the account #, the amount or the date of the loan. He just said that they had emailed me many times, but I had ignored them. I alsowent back to check my deleted emails and found none from them. I was told the police would come to my home and to my job and to have someone ready to bail me out. He also asked if I had something that I could not understand, but I have not even had a ticket in years much less been arrested, I don't know what to do.
1 Answer from Attorneys
You cannot be jailed for nonpayment of a debt, and the person who called is in violation of the Fair Debt Collection Practices Act for telling you that you could. Now, he might say the sheriff would serve you with papers, but can't tell you to have bail money ready - that is illegal. I would suggest that you review the FDCPA here: http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm and I would also order a free credit report here: https://www.annualcreditreport.com/cra/index.jsp (this is a legitimate site, just be careful not to agree to any "upgrades". All other sites, practically, are not legitimate) to determine what debt is listed and check it against your records. Then I would get the information from the person who called, and write to them requesting more information such as a loan number, origination date, company name, etc., so that you can be sure it is unpaid prior to payment.
I would also contact an attorney in Birmingham who advertises that they have expertise working with the fdcpa. I ran a search in Google and found several advertising free consultations.
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