Legal Question in Credit and Debt Law in Florida
Internet payday loans
I recently went through a seperation with my spouse and I had to take out some payday loans with some internet lenders I offered to pay the loans off with a money order they will not accept it. They said I need to give them my checking account information or they are going to keep charging my account till I pay the loans in full. They have taken almost 700.00 woth of fees out of my account. I have had to close my checking account and open a new one I went online to see if these companies were licensed to do business in the state of lforida and they have no record or license when I asked for the parent companies address they said they were based out of London. I wanted to speak to a manager I talked to someone who was rude and said I better give them my checking account number now they said they are going to send me to jail. I have offered to pay but they want my checking account #. They aslo stated to me that they are going to keep causing my account to overdraw and incur more fees until I pay. Is there anything I can do. I have wrote the attorney general and filed a complaint with financial regulation of florida. What can I do?
2 Answers from Attorneys
Re: Internet payday loans
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
It sounds like you have done much of what you can do. It may be time to hire an attorney to write a cease and desist letter to the lender(s) and to try and resolve the repayment of the debt. These companies sound like nothing more than modern loan sharks who will not stop their strong arm tatics until forced to.
Scott R. Jay, Esq.
Re: Internet payday loans
You could also report them to the better business bureau and file a lawsuit. Depending on the language of the contract you signed with them, there may be a breach of contract, but it also sounds like they are engaging in extortion (threatening criminal action is illegal), unfair and deceptive trade practices (etc...) I strongly advise you to meet with an attorney to discuss the particulars.
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