Payday Loans rights?

Anonymous · ‎08-09-2010

I have a friend who got caught up in hard times and had to go to these places just to survive. Things fell through and she couldnt pay them.

Now they are calling her work non-stop, and her boss is getting pissed at her. What rights does she have in regards to payday loans? Im aware of the FDCPA, but Ive heard that in some ways payday loan places - because you actually wrote them a check - have different rules. She doesnt want to lose her job over this.

Can she still send them a letter advising not to call her at her work? I read that writing a cease and desist letter will more than certainly spark them to file suit in most cases. This is recent so it is within SOL, the state is CA so its only 4 years. But this happened in the last year and a half or so.

Instead of a cease and desist, I read that if you just write them saying you cannot contact at work, it should follow through.

Are there examples of letters to write this?

Anonymous · ‎08-10-2010

@Anonymous wrote:
I have a friend who got caught up in hard times and had to go to these places just to survive. Things fell through and she couldnt pay them.

Now they are calling her work non-stop, and her boss is getting pissed at her. What rights does she have in regards to payday loans? Im aware of the FDCPA, but Ive heard that in some ways payday loan places - because you actually wrote them a check - have different rules. She doesnt want to lose her job over this.

Can she still send them a letter advising not to call her at her work? I read that writing a cease and desist letter will more than certainly spark them to file suit in most cases. This is recent so it is within SOL, the state is CA so its only 4 years. But this happened in the last year and a half or so.

Instead of a cease and desist, I read that if you just write them saying you cannot contact at work, it should follow through.
Are there examples of letters to write this?

It depends on who is calling. If it is the original creditor, they have far, far fewer restrictions than if it were a collection agency.

Anonymous · ‎08-10-2010

I dont know the answer to that one, Ill have to ask. But if it is the original creditor do they still have the right to call her work? Isnt that still harrassment if she tells them not to call there?

Anonymous · ‎08-10-2010

@Anonymous wrote:
I dont know the answer to that one, Ill have to ask. But if it is the original creditor do they still have the right to call her work? Isnt that still harrassment if she tells them not to call there?

I'm not 100% sure, but I think they can call. Federal law (FDCPA) specifically applies only to collection agencies and not original creditors. Perhaps your state has additional protections.

Anonymous · ‎08-10-2010

She believes its collection agencies, though I presume even if it is original creditor she can still write them and try. Are there any letters as examples to know exactly what to say?

Anonymous · ‎08-10-2010

@Anonymous wrote:
She believes its collection agencies, though I presume even if it is original creditor she can still write them and try. Are there any letters as examples to know exactly what to say?

You can do a search on the forum for Cease and Desist. Your friend needs to be aware that sending a C&D leaves the creditor no choice but to sue.

She can also write a letter more limited in scope telling them that her employer does not allow personal calls at work and that, as a result, calling her place of employment for any reason is totally unacceptable and must stop.

Anonymous · ‎08-11-2010

Thats the thing, I had done a search for letters but all the hits that came up didnt provide any... so thats why I had asked, and it was more for an example of a letter like the latter you mention, about not calling her at work - not a cease and desist. thanks

Anonymous · ‎08-11-2010

@Anonymous wrote:
Thats the thing, I had done a search for letters but all the hits that came up didnt provide any... so thats why I had asked, and it was more for an example of a letter like the latter you mention, about not calling her at work - not a cease and desist. thanks

A simple letter stating that:

1. The creditor has called numerous times at your place of employment;

2. Your employer does not allow receipt of personal phone calls at work;

3. The FDCPA prohibits contact at one's place of employment once the CA has been informed; so

4. If you call my work one more time I'll sue your ass into bankruptcy without further notice.

Or words to that effect.

Make sure it is sent CMRRR.

Anonymous · ‎09-02-2010

Another word of caution:

I had a similar situation and eventually, included what remained on my Payday loan in my ch 7. ALL of the debt was discharged in May, 2010.

In July 2010, I received a phone call from the OC threatening me with federal crimes and stating I would be thrown in prison for those crimes. The lady was snotty, rude, abrasive, threatening, harsh, and crude.

I said that I would merely have to contact my BK attorney. She then went off the deep-end being even more rude, snotty, threatening saying my BK atty could not save me from prison time. I told her I did not know what else to do, that they (OC) would have to do what they thought they should, and I would contact a defense attorney.

I'm in med school.

So, I contacted three different defense lawyers who basically laughed saying all the Payday people wanted was their money and to get a lst little dig in at me.. a scare tactic, if you will.

As is, I still put one of the attys on retainer just in case. It will never see the light of a court room, is their way to see if they can get the last little bit of money out of me ($500).

My suggestion to your friend is: be prepared for the worst. If someone tries to call and harrass her in a similar manner, have her retain a lawyer so she can focus on work.

Anonymous · ‎09-02-2010

@Anonymous wrote:
Another word of caution:

I had a similar situation and eventually, included what remained on my Payday loan in my ch 7. ALL of the debt was discharged in May, 2010.

In July 2010, I received a phone call from the OC threatening me with federal crimes and stating I would be thrown in prison for those crimes. The lady was snotty, rude, abrasive, threatening, harsh, and crude.

I said that I would merely have to contact my BK attorney. She then went off the deep-end being even more rude, snotty, threatening saying my BK atty could not save me from prison time. I told her I did not know what else to do, that they (OC) would have to do what they thought they should, and I would contact a defense attorney.

I'm in med school.

So, I contacted three different defense lawyers who basically laughed saying all the Payday people wanted was their money and to get a lst little dig in at me.. a scare tactic, if you will.

As is, I still put one of the attys on retainer just in case. It will never see the light of a court room, is their way to see if they can get the last little bit of money out of me ($500).

My suggestion to your friend is: be prepared for the worst. If someone tries to call and harrass her in a similar manner, have her retain a lawyer so she can focus on work.

Small claims court is your friend!

Not only would I dunce-slap them with $1k+, I'd also get a restraining order based on their threats.