payday loans

I never received a payday loan and yet a debt collector is calling me and threatning me with sheriffs coming to my job or home with papers to take me to court....I never received the payday loan. What do I do?

Comments for payday loans

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Nov 10, 2011
payday loans

So sorry for your situation. The federal Fair Debt Collection Practices Act (FDCPA) gives you many rights when you are contacted by a debt collector and also obligates the collector to do certain things. First, after contacting you for the first time about a debt that a collector claims you owe, he must send you written information about the debt within 5 days, including the amount of the debt, to whom you owe it, your right to dispute all or part of the debt, and his name and contact information, among other things. If the debt collector did not provide you with this information in writing then he has violated the FDCPA.

Second, the FDCPA gives you the right to ask the collector to verify the debt he wants you to pay. Put your verification request in writing, make a copy of the letter for your file, and send your letter via certified mail with a return receipt requested. Note: You must send the letter within 30 days of receiving the collector's initial collection notice. If you do, the collector is legally obligated to respond to it in writing. If the collector fails to do so, then he has violated the FDCPA.

Third, the law gives you the right to tell the debt collector not to contact you again. It's best to do this in writing. However, there are drawbacks to sending a cease contact letter that you should be aware of. Go here to read our advice on using a cease and desist letter to stop a debt collector.

For starters therefore, I would request that the collector verify the debt he wants you to pay. I would also use our Free Debt Collection Worksheet to keep track of any future calls you may receive from the debt collector. The information on this form could be very useful if you end up having to take legal action against the collection agency.

If you need legal help resolving your problem or if you feel that the collector has violated your legal rights, go here low-cost and FREE help with debt collection questions. And, in the meantime, I recommend that you purchase a copy of our book, Debt Collection Answers: How to Use Federal Laws to Protect Your Rights. Go here to read the first chapter of Debt Collection Answers online for free.

Good luck!

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