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payday advance

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trudi29

Junior Member
What is the name of your state? NE
I received a payday advance loan through a company on the Internet. The bank closed my account and the checks bounced. I have contacted them to make arrangements to wire money but I cannot pay the amount that they are requesting. They are demanding at least half of it or they said they will be serving me at work. Here is the exact verbiage they used in their email to me.
Your account is in SEVERE DEFAULT with our company. After numerous attempts have been made to help you, we have concluded that you no longer desire to pay this account voluntarily therefore we will be requesting Garnishment of Wages. Please be advised that you will be responsible for all attorney fees and that your place of employment will be verified for service and that if you intend to rectify this matter and avoid service that the immediate render of your funds is necessary. In order to pull your account from default we must require that you render your payment in the amount of $300.00 via western union wire quick collect no later than the date of 01-05-2003.And then your final payment will be $300.00 on your account which will satisfy the outstanding balance.
As you can see I am closing this account out at $600.00 which is all that the attorney office will give me for the account.
This amount of money will enable me to place your account on legal hold and to also get some of your fees reduced on your account. Just remember that I can only help you if you will help yourself. If you continue to run from this problem you will only be dealing with the county in regards to this matter .
Please keep these arrangements so that you will avoid our office requesting a lawsuit against you and also so that we do not contact the county to serve you with the Delinquent Electronic Fund Transfer Warrant.
This will totally bring your account current with no hits to your account and the account will not go to the attorney office for service. If the account does go then your place of employment will be verified for service. Please be advised that if you do have multiple non sufficient transactions with our company that we can request a Delinquent Electronic Fund Transfer Warrant which is the same thing as being in Penal Code Violation(worthless checks) As you should be able to see, your prompt attention will only be to your benefit.
If the payment is received on or before the date above your account will be held hit free until the date of your next pay period and you will be totally current on your loan and your account will not be turned over to the attorney office for service.
This letter serves as notice that this is a short-term payday loan and service fees accrue every day until the loan is paid in full. You have been given ample opportunity to pay this loan. If we do not receive a payment in full by your next payday we will send your account to an outside agency where they will take any action deemed appropriate in order to rectify your delinquent account. Upon us taking this action your delinquent account will take on additional outside agency fees. If the balance is still not paid, the outside agency will report your account to the national credit bureau and it will appear negatively on your credit report which could affect your ability to pursue other loans in the future. If the payment is not rendered and leaves this office for involuntary collections we normally request employment verification for possible service regarding a request for a civil warrant.
If you do not wire in your payment via western union wire your account will be hit Multiple times on the date mentioned above for the entire balance.
Sorry so long, I am willing to pay $200 which is all that I have right now, do they have to accept this or can they do the above?
 


HomeGuru

Senior Member
trudi29 said:
What is the name of your state? NE
I received a payday advance loan through a company on the Internet. The bank closed my account and the checks bounced. I have contacted them to make arrangements to wire money but I cannot pay the amount that they are requesting. They are demanding at least half of it or they said they will be serving me at work. Here is the exact verbiage they used in their email to me.
Your account is in SEVERE DEFAULT with our company. After numerous attempts have been made to help you, we have concluded that you no longer desire to pay this account voluntarily therefore we will be requesting Garnishment of Wages. Please be advised that you will be responsible for all attorney fees and that your place of employment will be verified for service and that if you intend to rectify this matter and avoid service that the immediate render of your funds is necessary. In order to pull your account from default we must require that you render your payment in the amount of $300.00 via western union wire quick collect no later than the date of 01-05-2003.And then your final payment will be $300.00 on your account which will satisfy the outstanding balance.
As you can see I am closing this account out at $600.00 which is all that the attorney office will give me for the account.
This amount of money will enable me to place your account on legal hold and to also get some of your fees reduced on your account. Just remember that I can only help you if you will help yourself. If you continue to run from this problem you will only be dealing with the county in regards to this matter .
Please keep these arrangements so that you will avoid our office requesting a lawsuit against you and also so that we do not contact the county to serve you with the Delinquent Electronic Fund Transfer Warrant.
This will totally bring your account current with no hits to your account and the account will not go to the attorney office for service. If the account does go then your place of employment will be verified for service. Please be advised that if you do have multiple non sufficient transactions with our company that we can request a Delinquent Electronic Fund Transfer Warrant which is the same thing as being in Penal Code Violation(worthless checks) As you should be able to see, your prompt attention will only be to your benefit.
If the payment is received on or before the date above your account will be held hit free until the date of your next pay period and you will be totally current on your loan and your account will not be turned over to the attorney office for service.
This letter serves as notice that this is a short-term payday loan and service fees accrue every day until the loan is paid in full. You have been given ample opportunity to pay this loan. If we do not receive a payment in full by your next payday we will send your account to an outside agency where they will take any action deemed appropriate in order to rectify your delinquent account. Upon us taking this action your delinquent account will take on additional outside agency fees. If the balance is still not paid, the outside agency will report your account to the national credit bureau and it will appear negatively on your credit report which could affect your ability to pursue other loans in the future. If the payment is not rendered and leaves this office for involuntary collections we normally request employment verification for possible service regarding a request for a civil warrant.
If you do not wire in your payment via western union wire your account will be hit Multiple times on the date mentioned above for the entire balance.
Sorry so long, I am willing to pay $200 which is all that I have right now, do they have to accept this or can they do the above?

**A: they do not have to accept less than the total amount due.
 

Ladynred

Senior Member
What HG says is true, but that long-winded letter sounds like a crateload of CRAP !

Call your bank and put a stop payment on that 'check' they keep threatening you with. If the bank has truly closed your account, they're not going to get anything anyway, but you need to be sure the bank is going to REJECT anything that comes from the payday loan place and not slam you with NSF fees and such.

That garbage about garnishing your wages is just that. They cannot do any such thing without going thru the entire process of a lawsuit - and that doesn't take days, it can take months.

Keep the letter, it may come in handy. Send them the $200 you can send them, along with a letter of your own stating that you will send them $xxx.xx for x months until its paid. They CAN still sue you or send it to collections, but as long as you keep a paper trail showing payments of reasonable good faith, then you could show that in court if it got that far. If you can clear it in 3 months, you'll likely get it paid before it ever gets to court.

Pay them with money orders or cashier's checks ONLY (preferably from some bank you do NOT do business with normally), and make sure you keep copies of each and every one of them, along with that BS letter of theirs.
 

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