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Member
Posts: 8
Registered: ‎11-22-2012
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Re: SOL on Payday Loans in TX

That's amazing to know... I have KEPT the voicemails they left, I have all three numbers they have called me from, I have DATES and TIMES of EACH time they have called to threaten me.. It's nice to know there IS something else I can do to stop these people.

 

Im going to file a complaint.



Starting Score: 11/20/12 TU:568 EX:531 EQ:534 (Lender Pull)
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Valued Contributor
Posts: 2,505
Registered: ‎11-11-2010
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Re: SOL on Payday Loans in TX

[ Edited ]

melprieve wrote:

Back in Feb 2007, when I was desperate, I took out a t payday loan w/Cashnet USA. They are calling me now, today, to tell me they are filing charges with the courts in the county I live in.  Is this legal?


Umm.. You owe some people money, of course they have the rights to sue you in civil court. If they threatened you with legal action, then it can be considered as violation to FDCPA. But if they called you just to give you a heads up, no violation there.

 

While you are past SOL in Texas, you still need to show up in court, then you can use expired SOL as your defense.

 

Of course this assumes,

 

* You did not travel outside of US for very long (each time you travel your SOL is put on a halt)

* You did not commit any sorts of fraud to get the loan in the first place.

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Valued Contributor
Posts: 1,063
Registered: ‎05-26-2010
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Re: SOL on Payday Loans in TX

Two thoughts here:

 

Early payday loans had you write a postdated check.  TX has strong bad check laws (criminal not civil) but if they never presented the check that doesn't work, and many states, I think including TX have made it clear that a postdated check for a payday loan is not covered by the criminal "bad check" laws.  If you truly owe something the payday lender (or JDB holder of the loan) is just like any other, they must file a suit, serve you with a summons, and you can respond.  If the default was in 2007 chances are you can use SOL as an affirmative defense since generally the SOL is 4 years in TX.

 

This sounds like a scam attempted against me.  People call from a variety of numbers (Caller ID) using very Anglo-Saxon sounding names in a thick Indian accent.  They claim to be associated with a named law firm and insist they will file papers immediately.  When I ask for a bar license number or to speak to an attorney licensed to practice in my state they are confounded.  I actually took the trouble to look up the law firm they claimed to be part of, called the main switchboard, and found this is a true scam.  The callers use tiny telecom resellers to "land" phone calls from India to show as US Caller ID.  I have no unpaid payday loans but don't assume they are even calling about your specific loan.

BK7 Filed 8/11/2009 Discharged 11/23/2009. Purchased new home 4/11/2012
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Frequent Contributor
Posts: 496
Registered: ‎11-13-2012
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Re: SOL on Payday Loans in TX


chasmith wrote:

The callers use tiny telecom resellers to "land" phone calls from India to show as US Caller ID.


Incorrect.  Call center PBX's usually use T1, E1 and/or SIP trunks.  Any of these types of carrier lines allow for a feature called "Calling Party Substitution".  It allows a given set of phones or even the entire set of lines to broadcast ANY number the PBX programmer sets.  We do this all of the time for customers for legitimate reasons and while here in the US there are regulations aimed at preventing outbound marketers/sales organizations from spoofing their calls with bogus numbers, there is nothing stopping them from doing it..  


GangnamFICO wrote:

Because the chicks dig it when I throw down the card to the waiter and...it comes in handy if I'm short on cash until payday and need a short spot. AMEX gets the booty, and that's important when you're a Pirate.


Minor vulgarity edit --Rev



Valued Contributor
Posts: 1,063
Registered: ‎05-26-2010
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Re: SOL on Payday Loans in TX

I'm sorry, I actually tracked down the telecom provider and spoke with their security dept.  I think these are run from a boiler room or internet cafes in India.  Same personbs call from radically different Caller ID on different days.  But the number used tracked back to their provider in PA.

BK7 Filed 8/11/2009 Discharged 11/23/2009. Purchased new home 4/11/2012
Starting Score:11/16/2009 EQ 566 11/16/2009 TU 538
Interim Score: 12/27/2012 EQ 683 09/17/2012 EX (lender) 670 1/01/2013 TU 701
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Posts: 496
Registered: ‎11-13-2012
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Re: SOL on Payday Loans in TX

I get it.  I just wanted it to be known that any number can be broadcast as the outbound caller ID so it isn't necessarily traceable to a the actual address.  It sucks in cases involving credit stuff, but it's possible.


GangnamFICO wrote:

Because the chicks dig it when I throw down the card to the waiter and...it comes in handy if I'm short on cash until payday and need a short spot. AMEX gets the booty, and that's important when you're a Pirate.


Minor vulgarity edit --Rev



Valued Contributor
Posts: 1,063
Registered: ‎05-26-2010
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Re: SOL on Payday Loans in TX


Dlane wrote:

That's amazing to know... I have KEPT the voicemails they left, I have all three numbers they have called me from, I have DATES and TIMES of EACH time they have called to threaten me.. It's nice to know there IS something else I can do to stop these people.

 

Im going to file a complaint.


TX State Law may treat you even better than Federal.

BK7 Filed 8/11/2009 Discharged 11/23/2009. Purchased new home 4/11/2012
Starting Score:11/16/2009 EQ 566 11/16/2009 TU 538
Interim Score: 12/27/2012 EQ 683 09/17/2012 EX (lender) 670 1/01/2013 TU 701
Current Score: 11/06/2013 EQ 708 11/06/2013 EX 702 11/16/2013 702 11/06/2013 TU 729
Goal Score: EQ 740 EX 740 TU 740
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Member
Posts: 8
Registered: ‎11-22-2012
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Re: SOL on Payday Loans in TX

Ok... So after reporting those SHARKS  and their threats of being arrested, serving me papers and whatnot..... Someone heard me upstairs and FINALLY did something...

 

This last friday there was a article in the local paper (HAHAHAHAHAH) WARNING local people about the company and they are calling people through our county scaring them with threats of being served, or being arrested unless they pay. If I could link the article I would but at leas the people within THREE counties around me wont be harrassed anymore by these jerks.

 

Also another article I read that whataburger SUED NCO for repeatedly calling them for an employee who owed a debt.

 

I wish more of us consumers had GUTS to fight back! The more we know the better we are... Just because we owe/owed a debt doesnt mean that is a license to treat us like dogs.



Starting Score: 11/20/12 TU:568 EX:531 EQ:534 (Lender Pull)
Current Score: TU:568 EX:531 EQ:534
Goal Score: 700
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