Legal Question in Consumer Law in California

This morning I was contacted by a person via phone at 7:21 at work regarding an unpaid payday loan, he demanded I pay what I owe or they would serve my local law enforcement with something that would allow them to come arrest me at work. I was terrified as I have 3 small children and a sick husband and begged him to make a payment arrangement for me. After agreeing to pay 100.00 monthly he said he couldn't fax me anything or mail me anything because the loan had been online and the only way they could communicate with me was via email. So Im supposed to call him every month at the same number to give him a payment from a Money Pak Green Dot card because supposively that is the only way he is allowed to collect from me. This sounds fishy to me, is this legal?

Asked on 3/23/12, 9:25 am

3 Answers from Attorneys

Joel Selik www.SelikLaw.com

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His threats are unlawful and you are smart to want a written agrement from them.

Answered on 3/23/12, 9:39 am

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Carl Starrett Law Offices of Carl H. Starrett II

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Although it is theoretically possible to prosecute someone for bouncing a check, this rarely happens and it is illegal to threaten someone with jail for failing to pay a debt.

Do you even really have a payday loan that you owe? What you describe sounds like a scam designed to scare you into paying money that you do not owe. I have . I suggest calling a local consumer rights attorney to see if you really owe this money.

Answered on 3/23/12, 10:55 am

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