payday loan threats

[cbbrown]

What is the name of your state (only U.S. law)? Indiana. In 2009-2010 I got out a payday loan. I got sick and lost my job. In 2010 around April I was diagnosed with schizophrenia and bipolar disorder. I've been out of work ever since and on SSI. My mother's been calling me telling me a lawyer called her and threatened me with jail. So I called the number, they've been sending the summons and debt collection notices to the wrong address for the last five years. I tried to work out a way of paying them back since I just today found out they were after me. But they said my check bounced and so its a felony and my only option is it pay 612 in thirty days or turn myself in and stay 90 days in jail.

 

[LdiJ]

What is the name of your state (only U.S. law)? Indiana. In 2009-2010 I got out a payday loan. I got sick and lost my job. In 2010 around April I was diagnosed with schizophrenia and bipolar disorder. I've been out of work ever since and on SSI. My mother's been calling me telling me a lawyer called her and threatened me with jail. So I called the number, they've been sending the summons and debt collection notices to the wrong address for the last five years. I tried to work out a way of paying them back since I just today found out they were after me. But they said my check bounced and so its a felony and my only option is it pay 612 in thirty days or turn myself in and stay 90 days in jail.

If you are on SSI then you are just about judgment proof. You won't be spending any time in jail unless you are actually arrested by the police, convicted by a judge and actually sentenced to jail. You need to ignore the debt collector.

 

[Mark Maroon]

What is the name of your state (only U.S. law)? Indiana. In 2009-2010 I got out a payday loan. I got sick and lost my job. In 2010 around April I was diagnosed with schizophrenia and bipolar disorder. I've been out of work ever since and on SSI. My mother's been calling me telling me a lawyer called her and threatened me with jail. So I called the number, they've been sending the summons and debt collection notices to the wrong address for the last five years. I tried to work out a way of paying them back since I just today found out they were after me. But they said my check bounced and so its a felony and my only option is it pay 612 in thirty days or turn myself in and stay 90 days in jail.

If they really threatened you with jail, then what they did was in violation the Fair Debt Collection Practices Act, and you might want to find an attorney familiar with the FDCPA to see if they are willing to take your case on contingency.

 

[commentator]

Talk to legal services for low income people in your area. They will usually help you deal with aggressive payday loan collectors. But if you are on SSI, you are judged to be low income, and you are officially unable to work due to your disability, and therefore, they cannot collect from you or garnish your checks or send you to jail.

 

[Zigner]

If they really threatened you with jail, then what they did was in violation the Fair Debt Collection Practices Act, and you might want to find an attorney familiar with the FDCPA to see if they are willing to take your case on contingency.

In this case, I would agree.