Legal Question in Credit and Debt Law in Pennsylvania

I took out a $200 payday loan with sds processing a few months ago. i've paid back $120 in finance fees. i have been unable to pay back the rest of the money. a company by the name of robert james associates called my human resources office today and told them that the have a summons for my arrest. i'm frantic. can they arrest me at work for the unpaid balance on a payday loan? i live in pennsylvania and im terrified of embarrassament. what can they do? my hr rep is upset too. please help!


Asked on 7/30/12, 10:49 am

1 Answer from Attorneys

First, stop, take a deep breath and think. Nobody calls and says they have a warrant for your arrest. Police, if they have a warrant, just arrest you. If it were otherwise, bad guys would leave town prior to their arrest.

Payday lending is legal in PA only to the extent that the lenders are registered with the banking department. Very few are, especially online lenders. I would contact the PA department of banking and PA attorney general and see if they can help.

While I understand your concern, the problem with these criminals (they are worse than the Mafia loan sharks) and do not abide by the debt collection laws or PA's consumer protection law which protects against ordinary creditors. And if they are online, then most of them are overseas and you can't even write a letter to them and complain because they do not have a valid US address.

Payday loans are a bad deal. Never do this again no matter how desperate you are.

Here is a link to my answer about a similar payday lending question that I had from others here:

https://www.lawguru.com/answers/answer/show/711507159

I have written on this many times over the years. You can search past answers.

I ran a brief Google search for you - try Robert James & payday loans ... they seem to be a debt collector. Judging from their bogus tactics, they are violating the Fair Debt Collection Practices Act.

Legitimate debt collectors are required to notify you in writing about the debt within 5 business days after they make phone contact. You then dispute the debt in writing and ask for validation. You also request in writing that they not call your place of employment.

Since this firm does not abide by the law and makes threats (you cannot be arrested for non-payment of debts),I would not pay these goofs a dime if this is how they are going to act.

Stop being worried and upset. There is nothing these people can do. They are not going to sue over a $200 payday loan - its not impossible, but if they are not properly registered it is very very unlikely.

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Answered on 7/30/12, 10:47 pm


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