I received a phone call from someone informing me that I would be served with a summons for Check Fraud and Breach of Contract. She advised that I had taken out an online pay day loan in 2007 and that the loan was never repaid. She said that in Virginia pay day lenders cannot sue for the debt but can sue for Breach of Contract and Check Fraud if they have proof that the person had no intention of repaying the loan. She said I could contact the district attorney’s office and set up payment. I told her I did not remember taking out an online payday loan and did not want to set up payment for a loan I don’t remember receiving. She said that if I contacted the attorney’s office I would be admitting guilt…which I don’t want to do since I don’t remember a loan from four years ago. She said that means I want to go to court and she will be serving me papers. Check Fraud and Breach of Contract are serious offenses and I’m worried. I’m not sure what I should do at this point. Once I’m served can I pay the debt before the court date or is it too late once they serve me with the summons? I checked my credit report and there was nothing listed on my credit report about a $300.00 loan that was past due. I always repay my loans/bills. They may be late…but they get paid. Yes, I’ve made some bad financial decisions in my life but I dont’ borrow money without the intention of paying it back. That’s not the type of person I am. I’m not sure what to do…i’ve never ever been in this situation before.
Check Fraud And Breach Of Contract?
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Straight up … she is lying through her teeth !!
Lie number one .. in Virginia, under the payday loan laws, they cannot file criminal charges for an unpaid payday loan .. even if a single payment had not been made.
Lie number two .. if they want to file suit then it would have to be a civil suit .. which she ‘claimed’ cannot be done in that state.
Lie number three .. contacting the DA’s office would ‘never’ be an admission of guilt under ANY circumstances.
Send her a debt validation request immediately. DO NOT sign your request, chances are if she is so blatant about violating your rights, as she’d done, then it’s possible that your signature may suddenly find its way on to the loan papers, it happens. Only type your name or print your initials. Send your request by certified mail return receipt. Do not use the boiler plate validation letter templates that ask for everything but the kitchen sink, keep the request short and to the point.
Then, file a complaint against that collector with your Attorney General, and, with the BBB.
You might also go to the free site I’ve listed in the source box and do some reading in the Credit Forum. You’ll be able to find free to use sample letter templates for debt validation, learn more about the Federal laws and the laws for your state, etc.
Wow.
If you’re confident that you didn’t take out the loan, you should take your notice to pay to the police so they can investigate. It sounds like a fraudulent billing scheme to me.
Good luck, and remember to rate best answers.
could be a scam, never discus finances with someone you do not know on the telephone.
It’s a scam. Ignore it.
Tell them to show proof of the loan first. Have them send you, by snail mail, the paper work. Contacting the Attorney’s office is not admitting guilt, that’s a blatant lie. She just doesn’t want you doing due diligence and checking out the dodgy claim.
She has to show you proof of the loan and you are well within your rights to demand it. Fraud happens all the time. This sounds like bullshit to me. Don’t pay anything until you know 100% the loan is yours. Doesn’t matter if you’ve made bad decisions in the past, that’s not the point. The point is, you don’t remember the loan, they aren’t offering proof it exists and are using coercive tactics to prevent you from checking on their claim.