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Question about an old pay day loan and bad check.

Posted: Jun 11, 2014

I received an automated message on my home phone that stated my name and said "your SSN and name have been given to us regarding a legal issue." So I called the number back. The person who answered the phone said "this is Heather." When I asked what company this was, she said they were authorized to collect a debt on behalf of... and she gave me the name of the pay day loan place. She said the post-dated check I had given them when I took out the loan had bounced. Well, I haven't done a pay day loan in years. So I asked her what the date was on the check and she said 2007! She never would tell me the name of her company and when I asked her to mail me a copy of the check and a pay day loan contract she said "We don't do that, we are just authorized to make arrangements for you to pay the bad debt off. If you pay today, we can waive the fees and blah blah blah." Then she said "they were working with the county court" and insinuated if I didn't give her my debit card number to post day a payment that it would be turned over to the county court in which I lived.

So my question is this, doesn't this sound a little hinky? She wouldn't tell me the name of the company, she wouldn't mail me anything, and a bad check that is 7 years old?!?!?! First, if they were going to prosecute me for the bad check, shouldn't they have done it back in 2007? Isn't there a statute of limitations on prosectuing a bad check? Also, isn't there a statute of limitations for collecting on a pay day loan?

And before I get blasted for not paying my bills, I have been racking my brains trying to remember this loan. I had a run of financial problems and did get several pay day loans years ago, but paid them all back. I think I remember this specific one because my ex-husband cleaned out our checking account and refused to pay the loan when I kicked him out. I tried to make arrangements with the company, but they kept trying to put the check through which caused me to get farther in the hole and well you know how it goes. They wouldn't take payments from me and they wanted to me to go borrow the money to pay them back. Finally, I just gave up and figured if they took me to court, I could at least set a payment plan through the judge. But they never took any legal action at all and I all but forgot about it until today. I told the lady today that I would be more than glad to pay the face value of the check plus any reasonable late fees, but I am not comfortable giving my debit card information over the phone especially when she will not tell me the company name.

;

link to statute of limitations on debt by state - good to know

[ In Reply To ..]
Find the state in which you live to find the limitations for statutes. No matter if too old or not, you have the right to verify the debt and requesting a copy of the original document was very smart of you. They can't go to court without it, but it could be you have to put it in writing. Try to run a reverse phone number search on Google to see if you get a hit on the company's name and address. You may want to contact an attorney for a free consultation to get better help with your particular problem.

I already saw this website and I also decided to call a lawyer friend - Thanks!

[ In Reply To ..]
that I've used in the past for my son's legal issues. I hated to bother him at home, but I was really bugged by all of this. He said the statute of limitations for prosecuting a bad check is 1 year for a misdemeanor (less than $500) or 3 years for a felony ($500 or more). My original check was for $360 so that makes it a misdemeanor.

From the debt website, in my state of Missouri, it looks to me like they can try to collect on the debt for up to 10 years. So they have three more years to harass me or they can work with me and let me make payments.

My attorney friend also agreed that I did a smart thing by asking them to send me a copy of the original loan document and a copy of the check. He said their refusal by saying "they don't do that" is suspicious.

Just thought I'd share in case anyone else finds themselves blindsided like this. I'm going to ride this out and see what direction they take. I think I might start calling them every day and harass them for copies of the documents.

I tried the reverse phone number thing on Google and all I can get is that it is a VoIP number, but that's it. Unless I want to pay $19.95 for the full search results... isn't anything free anymore?

There are a lot of scams out there concerning trying to collect on payday loans. sm - kitty

[ In Reply To ..]
This sounds like one of them. I've had someone call saying they were from ChexSystems about a check I know I never wrote to a loan.com which I never heard of. Called ChexSystems and they told me they never call people. Also was called by someone offshore and told they would be sending the police to arrest me if I didn't give them $200. Couldn't tell me who I supposedly owed nor what police department would be coming. Both total scams.

Maybe I'm a little irresponsible - but I don't answer

[ In Reply To ..]
Any 800, 866, 888 or unfamiliar phone calls. I let them go to voicemail and I decipher whether it's a call I need to return or not. Also, if the call is private I don't answer.

I figure if you gotta block your number, then apparently you're someone I don't want to talk to. I don't have any recent bills in collections and if it's been more than 7yrs, you can forget about me returning the call.

I have been dealing with this kind of situation - for a couple of years now

[ In Reply To ..]
Bad payday loan experience from 2010. These companies who call use all kinds of supposedly threatening language to scare people and if you're not educated, it works.

Never, ever acknowledge a debt like this. The statute of limitations varies by states and by types of debt, but the one thing that never varies is the clock starts ticking all over again if you make a payment or acknowledge the debt in some way tangible. So even if the debt was taken out in 2006, if your last payment on it was made in 2010, then that's when the clock starts ticking - from the date of your last payment. If you acknowledge the debt to a collector, then the clock theoretically could start all over again.

These companies can try forever to try to collect the debt from you. The statute and the Fair Debt Collection Act doesn't stop that. What it DOES stop is their ability to sue you. I won a dismissal on a lawsuit that was filed by a not very competent lawyer in this exact scenario. I threatened her with legal action with the bar association because of it.

If there ever was a legal debt that for some reason did not get paid, that debt has been long charged off and sold to these junk debt buyers. If you've ever had a payday loan at all, even if it was paid off in a timely manner, your information is sold and the scam people have it now. It's a PITA but just block any incoming numbers like that and ignore them. Don't engage them in any way.

One more thing. They cannot put you in jail - for debt

[ In Reply To ..]
and they never warn you ahead of time that you are going to be served. Unfortunately, I have experience with being served with lawsuits and the legitimate people don't warn you, they just show up at your door.

I had one recording say they were going to send someone to my home and if I wasn't there they would send them to my place of business. Right. As you would expect, no one ever showed up.

Do not do anything unless you have it in writing--sm - anon

[ In Reply To ..]
The old loan, if legitimate, was probably sold to one of these companies who try to scare people into paying the old debts. My mother had some that were legitimate but the companies were never willing or able to produce anything in writing and were not willing to accept checks, they wanted debit card information. Her situation was a mess and there is very little one can do in the way of tracking these things when it is all done on the phone.

I agree with this poster. sm - Feather Tuscadero

[ In Reply To ..]
Do nothing over the phone. Get the claim in writing. Get exact dates and amounts. Give no credit card information, no bank account numbers. Did she actually state your SSN to you? Or just claim that she had it?

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