Criminal Action

Yesterday I was contacted at work by someone stating that if I didn't pay them $490 by 4pm (it was 2pm at the time), that I would be charged with theft by deception. It was an online payday loan, and I do agree that I owe the $200. They are stating fraud since I closed my bank account. This was advised by the bank because there was fradulent activity detected on my account. I sent them $100 and they say they must have the $390 on the 17th of Nov. or they will proceed with the charges. I know I will not have enough money to send them. Is it true that as long as I send them something and make an effort to pay and they accept the payment that they cannot take action??? They definately did a good job of giving me a scare.

Normally they need to sue you if you if default in payment. They cannot simply press charges. Let us know here if this goes any further.

I'm really scared and I don't know what to do. It is hard enough right now just to afford to get to work. Is it true that if they accept even a partial payment they cannot say I have defaulted. It was an online cash advance thing too and this may make a difference since they said it was just like I had written a bad check.

[ABC]

Were you contacted by a debt collector, or the actual lender? Also, what State are you in?

A debt collector in Kentucky. They gave me the money gram info to send to Florida.

Please email WLD at info@worldlawdirect.com (or use the private "Ask An Attorney" web question form on the home page), and briefly list the subject. WLD lawyers will help outline a strategy for you to deal with this. The post you made is on file with WLD staff.

I have already sent a question but never received a reply.

You need not pay if you cannot pay--they have to go to court. And even if they win they still have to then collect from you.

...you could argue they misled you, the product or service was originally not what you expected, etc. if that is the case... You could also threaten bankruptcy if they actually do try to sue... See also http://www.worldlawdirect.com/articl...top_abuse.html

What could it mean though if they do take it to court? Also is it true that if they accept a payment in any amount that it shows effort on my part and they cannot proceed?

If you lose then they would still have to collect:

See http://www.worldlawdirect.com/article/935 -- Collecting on a court judgment.