Legal Question in Credit and Debt Law in North Carolina

i just received a call from somebody that there is a case against me and they have threatened to arrest me. The person in from cashnet, and he was saying i have a unpaid debt from them. I did not have transactions from them and they were asking about my social security number. They have a record of my address, and telephone number too. I dont have a lawyer. THey said a sheriff will come tomorrow am to arrest me. Is this legal?


Asked on 6/03/10, 3:58 pm

2 Answers from Attorneys

Jeff Rosner Rosner Law Firm P.A.

I would get all the information you can from the caller - who is calling you, name, number, company, etc. Do not give them any information. If you have not committed a criminal act, no one can arrest you. Without all the facts, I can't speak to your particular situation, but it sounds like a collection agency that is using harassing tactics. You may want to speak with an attorney in your area about suing them if this continues.

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Answered on 6/04/10, 4:41 am

Cashnet sounds like a payday lender. They are illegal in NC. Visit the NC attorney' general's site or contact them regarding this. However, if you did not use them, someone may have used your information to take out a payday loan. I agree with Attorney Rosner's advice. Do you have caller id? Get the number - I may be able to find out who is calling you. If you must talk to the them, get their contact information - name and address.

I can resolve this for you for a small fee. Please feel free to contact me. Don't worry about their having your address and phone number. They are just trying to intimidate you into paying.

What they are doing is not legal - even if the debt was yours, they cannot threaten to arrest you. That is a violation of both federal and NC law. You can collect money for their violation ($1,000 - $2,000) as well as attorney fees.

Rachel Hunter

Attorney at Law

(678)-687-9693

Admitted in GA, PA & NC

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Answered on 6/04/10, 11:03 am


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