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Can a payday loan company (Twin Bluffs Financial) still collect a paydayloan that was paid off 2 years ago?
Anonymous7 views5 answers
The collection agency (Service center 800 217 2533) stated they would freeze my social security number,submit wage garnishment paperwork,and freeze my accounts if I did not make payment arrangements(today10/29/14) to pay off balance of $775.00 when the original loan was $300 by 10/31/14 which was paid in full in June 2012. Should I make the arrangements or ignore them?
They cannot do wage garnishment or go after your bank accounts without a court order/judgment. Do they already have a judgment against you? Do you have written proof that you paid off the loan? You should consult with a collections attorney because if they are breaking consumer debt law then you might be able to recover a large amount of money from them in your own lawsuit against them.
Great answer. Were you ever served with a lawsuit? If you have proof of payment, send it to them Cert RR mail. But I would also talk to a lawyer in your are as they may have just crossed over that line.
Florian Eqrem TabakuFamily Law AttorneyBethesda, MD ·
As Mr. Mahood stated, they cannot do any of that without a court order. If you were never sued then they would have to do that. IF you paid off the loan already then you should not have to pay anything else.
I will work on the assumption that they have not sued you and do not have a judgment against you. Collection people love to threaten you at dinner time on Friday that if you don't send them money via Western Union quick collect by noon on Saturday they will be in your bank account or your paycheck on Monday morning. It's very effective but it is also a lie. From this point forward any further communication with them must be in writing. If it is not in writing it does not count. That will only create a "he said, she said" situation. You must tell them, in writing, that you deny the debt. Tell them you do not owe them anything. You do not need to give them the particulars of why you do not owe the debt. Tell them that the Federal Fair Debt Collection Procedures Act now governs their conduct. They may not contact you directly or indirectly and may not report anything bad about you to any credit Bureau reporting agencies unless and until such time as they sue you and get a judgment. You are basically telling them to either sue you or go away. In the unlikely event that they do sue you, you will have an opportunity to prove that the debt was paid or to make payment arrangements not with some collection agency but with an attorney.
Nobody, anywhere, can "freeze" your Social Security number! Nor can they garnish or attach SSN benefits to collect on a debt. They also cannot do any of those other things without a judgment following a court trial. Pay day loan companies have come under particular scrutiny in Maryland. The Maryland Commissioner of Financial Regulation has a web site where you can look up and see whether the pay day loan company is registered to do business here. If not, all their activities directed at you are illegal, as is any loan they made to you here, which means even if you got a loan you don't have to pay it back. You can also file a complaint. Here's the link: http://www.dllr.state.md.us/finance/consumers/frcomplaints.shtml