Legal Question in Credit and Debt Law in California

hello,i live in california.and a month ago i tried to get a payday loan from an internet site.i inputed my data and gave them my account number but was than turned down for the loan.a month later i recieve a call from a certain cash advance company telling me i need to pay them $611.00.i tell them i have no idea of this and they than threatened lawsuit.now a week later i get a call from my bank telling me that i have no funds and i owe 150$ in fees to the bank due to a CASH NOW payday company.What can i do?and Is this legal that they do this?


Asked on 2/01/12, 4:43 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

I am sorry to say that you were probably scammed. The first site - into which you plugged all of your information was probably a "phishing" website - one which wasn't actually trying to give you a payday loan, but actually was just collecting your information for identity theft. Contact the police - this really doesn't sound like the first site was legitimate. Also - if you want to have a bank account in the future, notify the bank that there were unauthorized charges to your account, and ask them to reverse them. In the mean time, bring the account back to at least a zero balance, have the bank close that account and open a new one. If you let that account close with a negative balance, the bank will report you to Chex Systems and you will have a very, very hard time opening a new account in the future.

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Answered on 2/02/12, 3:18 pm


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