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Pre Litigation

Date: Tue, 07/11/2006 - 12:06

Submitted by bmoore_731
on Tue, 07/11/2006 - 12:06

Posts: 10 Credits: [Donate]

Total Replies: 23

Pre Litigation


Can someone please advise me. I just got a call from these people and they said they were sending the authorties at my place of work to get me. These people are out of Jacksonville Florida and are thretening me with jail and everything. They are saying something about an affidavit of Theft by Conversion.


Hi bmoore...Prelitigations is a collection company. They've called me several times now and threatened me, which they ARE NOT ALLOWED TO DO. They cannot file criminal charges against you for a payday loan. They also can't even threaten you with that. That violates collection laws in just about every state in the U.S. The woman who called me was named Casey Worman, who was the person that contacted you?


lrhall41

Submitted by apaverystar23 on Tue, 07/11/2006 - 12:28

( Posts: 215 | Credits: )


They told me I was Check Kiting, because eveidently the company they were collecting for has an account where I bank. Since I work at a bank I had to break down the definition of Check Kiting to him, he had nothing more to say in that conversation. They really need to get their lies straight before threatning people. Not to mention he also kept referring to the name of the bank we used to be 5 years ago. That just tells you how stupid these people are.


lrhall41

Submitted by PinkLady on Tue, 07/11/2006 - 12:35

( Posts: 1720 | Credits: )


It is Pre Litigation and the person that contacted me was Jane Taylor and the phone number is 904-359-5184. They are in Jacksonville Florida and it is regarding a payday loan. They are demanding $565.00 today.


lrhall41

Submitted by bmoore_731 on Tue, 07/11/2006 - 12:44

( Posts: 10 | Credits: )


They are also known for giving fake names, because I talked to the same guy 4 times and each time he gave me a fake name.
What PDL company are they collecting for? If you don't know then you need to ask them and then you call that PDL and verify what collection company has your account. If they don't give you any answers I would strongly advise you to report them to the Florida Attorney General and the Federal Trade Commission. That is what I had to do, because I got nowhere with these people.


lrhall41

Submitted by PinkLady on Tue, 07/11/2006 - 12:47

( Posts: 1720 | Credits: )


This is law in the state of Georgia. Try to do some research. Some of these collectors prey on the fact that we are ignorant of the law.

Theft by conversion - O.C.G.A. 16-8-4

When an individual has lawfully obtained the property of another for a specified use, and he instead converts the property for own use in violation of the agreement, it is called theft by conversion. For example, if someone obtains a donation from a merchant under the pretense that the goods will be auctioned off for charity, when in reality he intends to sell them for his own profit, he may be convicted of theft by conversion.

Punishment: all theft crimes except shoplifting are punished as a misdemeanor if property value is less than $500 (with exceptions). If the value of the items is more than $500, then 1 to 10 years in prison is the punishment.


lrhall41

Submitted by anonymous on Tue, 07/11/2006 - 12:49

( Posts: 202330 | Credits: )


Don't pay anything until the debt has been validated. Don't allow them to succeed on their scary tactics. I am sure this company has been intimidating many people around. Pre-litigations is blowing hot air and they know that there is nothing much to be done until the account is presented to you in the legal way. Making easy money is tough for them now. You will be interested in reading these discussions.

http://www.debtconsolidationcare.com/forums/about4000.html

http://www.debtconsolidationcare.com/forums/about4000.html


lrhall41

Submitted by Gretchin on Tue, 07/11/2006 - 12:50

( Posts: 482 | Credits: )


Postdated Checks:
Quote:

Section 3-104(2)(b) of the UCC, defines a check as "a draft drawn on a bank and payable on demand." A postdated check, since it is not payable on demand, does not satisfy this demand. Consequently, it has generally been held by most states that the giving of a post-dated check does not constitute a present fraud nor is it within the scope of the bad check laws.


lrhall41

Submitted by anonymous on Tue, 07/11/2006 - 12:53

( Posts: 202330 | Credits: )


Quote:

Postdated Checks:
Section 3-104(2)(b) of the UCC, defines a check as "a draft drawn on a bank and payable on demand." A postdated check, since it is not payable on demand, does not satisfy this demand. Consequently, it has generally been held by most states that the giving of a post-dated check does not constitute a present fraud nor is it within the scope of the bad check laws



Most checks given to pdl's are postdated.


lrhall41

Submitted by anonymous on Tue, 07/11/2006 - 13:07

( Posts: 202330 | Credits: )


Guest,
most checks given to Store front pdls are post dated..When taking a loan from an internet lender there is no check writing involved...You just give them your account info and they deposit it into your account(savings or checking) and when it comes due they withdraw the amount.


lrhall41

Submitted by finsfan13 on Tue, 07/11/2006 - 13:09

( Posts: 6919 | Credits: )


Yeah they are just trying to use scare tactics to get the money back asap. Isnt it illegal for collectors to make empty threats. At any rate you arent guilty of the things that they are saying and noone is coming to get you. It isn't illegal to not pay a bill. They want you to be scared. You arent a deadbeat so dont be intimidated.


lrhall41

Submitted by anonymous on Tue, 07/11/2006 - 13:17

( Posts: 202330 | Credits: )


No kidding; the first time I got a call like that, I had never heard of these companies doing this, so I was freaking out when they told me they knew where my apartment was and that they were sending someone there and that I had committed all sorts of fraud and they were going to press criminal charges and arrest me. When I found out after the fact (from these forums) that they're a collection agency and that it's a scare tactic to get you to give them money, I was so mad I could have driven my car over someone.


lrhall41

Submitted by apaverystar23 on Tue, 07/11/2006 - 13:29

( Posts: 215 | Credits: )


United Federal Bank and there Pre-Litigation department almost pulled on over one me today. Armed with the information from this site, I was able to make them think twice. I will need that debit valuation letter, before I do anything with them and the payment will be through certified check so that I can verify. I don't trust PDL anymore.... so sneaky and sad...


lrhall41

Submitted by bdouble on Tue, 07/11/2006 - 14:07

( Posts: 354 | Credits: )


Good for you for not giving in to their scare tactics, and I'm glad you talked to the people in the forum before you sent them any money. And it's a darn good thing you don't trust pdl's anymore; hopefully, that attitude will spread all over the country and pdl's will one day have no business and they can just sit around and twiddle their thumbs and think about taking up knitting or something.


lrhall41

Submitted by apaverystar23 on Tue, 07/11/2006 - 14:16

( Posts: 215 | Credits: )


Just received a phone call from this place...They called my cell phone twice with a restricted number. The second time they left a message and the girl stated something along the lines of this, THIS HAS BEEN A DOCUMENTED ATTEMPT GOVERNED BY FEDERAL LAW TO CONTACT YOU, PLEASE HAVE YOURSELF OR YOUR RETAINED ATTORNEY CONTACT US REGARDING THIS LEGAL MATTER THAT YOU ARE NOT YET AWARE OF. I CAN BE REACHED AT 904-359-5186 OR 904-356-0927 AND I WISH YOU THE BEST OF LUCK. So I decided to call back with a restricted number and she answered the phone Interstate Wire Compliance/Prelitigations. When I gave her my name she said to call her back in 10 minutes because she was on the phone with the DA's office discussing me (WHAT A BUNCH OF BULL), I just started laughing and told her I already know about you guys and what your all about and she hung up on me. After reading everything on this site and having to deal with them two months ago I am so ready for them...I want them to call me back.


lrhall41

Submitted by PinkLady on Thu, 07/13/2006 - 10:39

( Posts: 1720 | Credits: )


That must be a scrip that bad collectors read from. I have had exactly the same message from 2 different companies. Even down to the Wishing the best of luck. They weren't payday loans. They were trying to collect what they called deliquent accounts, but were actually old cc accounts that I had done settlments with.


lrhall41

Submitted by Kathryn on Thu, 07/13/2006 - 14:17

( Posts: 96 | Credits: )