Can you be arrested for not paying a payday loan?
Salt Lake City, UT | March 22, 2013 12:41am
I received a voice-mail from someone that said he was with "the Utah state department of fraud" and said that they have several formal complaints against me and if I don't call within 72 hours i will be served a subpoena to appear before a federal judge and be arraigned on criminal charges. I returned the call and was told that it was regarding a Payday loan that i couldn't pay a few years ago. I asked the person the name of his agency and he said that they are a company called Nationwide Processing working with the state fraud office. I then asked if he could tell me what criminal law i had broken and he wouldn't give me a straight answer. Can criminal charges be for not paying a payday loan in Utah or is this a scam?
Posted March 22, 2013 8:05pm
I agree with the other answers you have received, particularly Mr. Walton's. The attempt to collect could either be on a legitimate debt or
could be a scam. If you had a payday loan in the last six years this is probably an unscrupulous attempt to collect what may be a valid debt. Still, there is no question that their conduct violates the FDCPA. I have seen problems of this sort with debt collectors who were either outside the United States or were located inside of an Indian reservation.
The problem is that enforcing the FDCPA against them is difficult and can only be done if you can obtain their contact information in a way sufficient to sue them. Perhaps requesting their mailing address for payment (likely to be a PO Box) and then seeking who registered that address could yield this information.
Although it may not do much for you, it may be that the best you can do is to contact the Utah Division of Consumer Protection and make a complaint. http://consumerprotection.utah.gov/complaints/manual.html
Providing this answer does not form an attorney-client relationship. Most legal questions are exceedingly fact-sensitive and therefore this answer is a best-guess based on the information you provide. You should consult an attorney licensed in your state to further discuss your matter.Source: www.avvo.com
Category: Payday loans