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    Can A Pay Day Loan Company Over The Internet Garnish Your Wages? What Is The Process? What If I Have Already Paid This Debt And They Keep Calling Saying I Have Not And I Know I Have?

    I'm asking because I had a lot of pay day loans about three years ago. I was loaned the money to pay it back by a relative and I am still paying that relative back. I was contacted by one of the Loan places saying that I owe over $5,000 and I never paid it back. This is not true because I spoke with a representative in December of 2004 that told me if I paid a minimum amount that the account would be closed. I sent he money order in January of 2005 and they told me it was closed. I have not spoken with anybody since then and they contacted me last week giving me a few days to come up with the money. Is there anything I can do because t hey are threatening to tell my employer and expose me on the internet.

    asked 2 years ago

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    First of all, any time they call, tell them you are recording the conversation, and ask them to repeat the consequences of not paying. If they say they are going to "tell" your employer or are going to spread information about you over the internet, they are breaking the law. I worked in the pay day loan business for a long time. It is against the law to make threats over the phone or to give out confidential information about a customer to anyone but an attorney, the courts, or the customer. They would have to either get an attorney to contact you and then sue you for breaking a binding contract, or take you to small claims court before they can garnish your wages... and that depends on what state you live in... some states don't allow for garnishments... like Texas and Florida.
    My next piece of advice? Find your receipt or stub of the money order you used to pay off your account. Did you get a statement from the company saying the account was considered closed? Have that paperwork ready in case they do sue you. Next, while recording the call tell them you are requesting no further calls to your home, work or cellphones... if they call again, you can sue them for harassment. Next write a letter and mail it to them requesting no further contact and include copies of your proof of payment years ago. Send a copy to yourself as well via mail. Include in the letter that any further harassment on their part by phone, mail, or court proceedings will result in a harassment suit against them. Do not open your copy of the letter when it comes back to you. I would even suggest you send it certified to the company and keep the receipt for the letter in a safe place. Finally, report them to the better business bureau for unlawful practices in collection.

    answered 2 years ago   

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