Legal Question in Credit and Debt Law in Nebraska
Payday Loan Collection
I just had $390 withdrawn from my new checking account. When investigating, it was from a payday loan company called, The LoanShop. They claim I took out a loan in 2004. When they went to collect, I shut down my account. The bank name they gave me, was a bank I had in 2004, but nothing else made sense. They said they tried to contact me by email and phone. The dates they said they tried to reach me and the phone numbers they tried to me...made no sense. I was living in a total different area code.
They said since they couldn't collect the money then, they have the right to take it out of my new account.
I filed a dispute with my bank. This company sounds like a fraud...big time!!! What can I do...besides wait 90 days for the dispute to be resolved?
4 Answers from Attorneys
Re: Payday Loan Collection
If you're sure this is fraud, I would: 1) open up a bank account somewhere else or cash checks immediately and keep money out of the account until you're sure the current account is safe from further garnishment; 2) make a complaint to state attorney general & the FTC (re: the payday loan creditor) 4) make a complaint to the OCC (re: your bank processing a payment you didn't authorize), 5) pull your credit report & dispute the debt if it's on there, and 6) via a certified letter, demand proof of the debt from the creditor along with a notice that you are contemplating filing suit to recover your money.
Re: Payday Loan Collection
If you're sure this is fraud, I would: 1) open up a bank account somewhere else or cash checks immediately and keep money out of the account until you're sure the current account is safe from further garnishment; 2) make a complaint to state attorney general & the FTC (re: the payday loan creditor) 4) make a complaint to the OCC (re: your bank processing a payment you didn't authorize), 5) pull your credit report & dispute the debt if it's on there, and 6) via a certified letter, demand proof of the debt from the creditor along with a notice that you are contemplating filing suit to recover your money.
Re: Payday Loan Collection
If you're sure this is fraud, I would: 1) open up a bank account somewhere else or cash checks immediately and keep money out of the account until you're sure the current account is safe from further garnishment; 2) make a complaint to state attorney general & the FTC (re: the payday loan creditor) 4) make a complaint to the OCC (re: your bank processing a payment you didn't authorize), 5) pull your credit report & dispute the debt if it's on there, and 6) via a certified letter, demand proof of the debt from the creditor along with a notice that you are contemplating filing suit to recover your money.
Re: Payday Loan Collection
If you're sure this is fraud, I would: 1) open up a bank account somewhere else or cash checks immediately and keep money out of the account until you're sure the current account is safe from further garnishment; 2) make a complaint to state attorney general & the FTC (re: the payday loan creditor) 4) make a complaint to the OCC (re: your bank processing a payment you didn't authorize), 5) pull your credit report & dispute the debt if it's on there, and 6) via a certified letter, demand proof of the debt from the creditor along with a notice that you are contemplating filing suit to recover your money.
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