Legal Question in Credit and Debt Law in Pennsylvania
Ipnpay keep getting cals from the so called state attorneys office that I owe cash advance $325 and nneed to pay 489 or else I will be arrested and suedThis is a asian man I have not had a cash advance from this company what do i do
3 Answers from Attorneys
This is clearly a scam. Don't send money. Report it to the police and state attorney generals office. You may also be able to sue the caller and get money damages...if you can figure out who it is.
I don't necssarily think this is a scam; it may or may not be. First, did you get money from a payday lender or could someone you know have received a payday loan and used your information? If not, then either this is a scam to extort mnoey from you or else they have the wrong person. In either case, send no money. If you think someone used your information, then get a police report and get a copy of your credit report. Go to www.privacyrights.org and get Identity Theft Fact Sheet 17 and follow the instructions on what to do.
if you did take out a payday loan, these people are awful to deal with. Never do this again. Unfortunately, with the advent of the internet, these creeps could be anywhere in the world and be using a service to make it look like they are calling from the United States when, in fact, they are not. And if you do find a US address, it most likely is a UPS store or other mail drop box. So suing them is not going to be worthwhile.
The good news is that no payday lender is going to sue you or arrest you. For what would they arrest you for? Not paying your bills? Many people can't pay their bills. But unless you borrowed thge money with no intent of ever paying it back (which I doubt) then there is no crime. So ignore their threats. They will not sue you civilly either. Why? Its like a casino gambling debt. Gambling is illegal in most places. If you owe, the casino does not sue. Same with payday lenders. To be legitimate, they have to register with the state and if its a foreigner on the phone, I am willing to bet that they have not registered.
Contact the state attorney general. Before you do, get as much information about this alleged payday lender as possible. Google the phone numbers they call from and see who the number is registered to. Get addresses if you can. If enough people complain, the attorney general may be able to go after them if they are in the United States.