Legal Question in Credit and Debt Law in Georgia
I keep getting phone calls from a loan company called Cash Net USA. They are telling me that i have a lawsuit against me for stealing or not repaying a loan and for not giving them my correct personal information. I never recieved any money for a loan and i have my bank statements to prove it. What kind of of lawyer do i need and what course of action should i take next
2 Answers from Attorneys
Cash Net USA is a payday lender. It is illegal to make Pay Day loans in Georgia so you are likely being called by criminals. Hang up and do NOT talk to them.
It is possible someone stole your identity, so check your credit reports and do a credit freeze with all three credit bureaus.
It is also possible that the call is from a criminal not affiliated with Cash Net, and such calls are common. So report the criminal caller to the Federal Trade Commission and file a complaint https://www.ftccomplaintassistant.gov/ . More on this phone scam: http://www.ftc.gov/opa/2012/02/acc.shtm
If you receive a lawsuit or writing from these criminals, do not talk to them. See a lawyer immediately to protect yourself.
I largely agree with Attorney Ashman. Payday loans are not quite illegal in GA. However, a payday lender has to jump through the hoops to make them legal and that is not how payday lenders operate. Its not profitable for them to comply with the law. If they don't comply with the law then the loans are illegal and they cannot sue you. If they did, they would expose themselves to criminal sanctions. I wrote a brief article on payday lending at my website: http://www.rachelhunterlaw.com/articles/article_9_Pay_DAY_Lending.html. See also the GA Dept. of Banking and Finance article: http://dbf.georgia.gov/payday-lending
You do not need a lawyer. Contact your local district attorney and the state commissioner of insurance for industrial loans as outlined in the article by the GA Dept. of Banking.
You are not stealing and will not be charged with any crime even if you did take out the loan. These are threats which the payday lenders make to people whom they hope do not know the law.