Legal Question in Civil Litigation in Alabama

Can an online cash advance company threaten criminal prosecution over a bank account that was closed? My wife had a checkbook stolen in 2007 and we closed the account and opened a new account. This online company says they didn't receive their money and that they are suing for fraud as the account was closed.


Asked on 3/21/11, 9:22 am

1 Answer from Attorneys

Judson Crump Judson E. Crump, Attorney at Law

This sounds like a scam. Let me guess: they are calling about some payday loan that you may not even recognize as your own, and they claim to have a warrant or a subpoena or some other sort of legal document that you must urgently deal with? I represent debtors facing abusive collection practices, and these sorts of phone calls are very common. Here is the good news: they are lying. They don't have a warrant, they can't throw you in jail for not paying a debt, and if you ignore them they will never do anything about it. Here is the bad news: what they are doing is illegal and thousands of Americans fall victim to this scam all the time and there is not really anything we can do about it. They use prepaid phone numbers to hide their identity and they never reveal their location or contact information.

So if you can find them, call a lawyer and sue them under the Fair Debt Collection Practices Act. Otherwise, just tell them that you know they're a scam and ignore them.

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Answered on 3/21/11, 9:54 am


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