8889596786

This will be take care of soon. I'll be starting a thread of my shenanigans with this company on Debtorboards.com

Another easy lawsuit for a good FDCPA attorney. I foresee this business closing. Soon.

If you wanna follow the thread: http://www.debtorboards.com/index.php?topic=24985.0

One, they cannot press criminal charges over a civil matter. We should all know this, but threatening to do this over a debt could land at least $1000 in your pocket.

Learn your state recording laws, whether or not you have to let the other party know you're recording. 2 party states require both callers to know, be on the safeside and let them know you're recording or have them tell you, just ask "Are you recording this?" If they say yes, you have consent to record as well.  

Two, if we still had debtor's prisons, a lot of people would be in jail for civil debt issues, this isn't 15th century England.

Look at the FTC Act, specifically the FDCPA 15 U.S.C. 1692, section 1692e(a)(8) and 1692(f). You'll find it helpful.

Admin Edit: "It's a SUSPECT message!"
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there are a collection agency collecting on real dbts i just went to court for this same company they had me served at my job for this loan an i had to pay 3200 dollars at court because i told the judge i thought this was a scam im pissed i never took kevin stephenson offer of 1100 one time cause i would of paid that an held on to my exttra money

When you say real debts, do you mean they gave you a validation of debt letter?  What was the exact name of the company who had you served?  Also, what court did you have to go to --- criminal, civil or small claims?

yes they provided with proof of debt by via email i went to court in jersey cause that's were i was residing at. the company who had me served was cash jar after being represented by zenith financial they had my recording conversation with this Stephenson guy an all i was very upset.i had to go to civil court an if i didn't come the judge told me since they have a signed affidavit an its in there contract that broke the. i could of been brought up on real bad check charges. i did receive some type of grace because of the way they came at me but it wasn't nothing worth fighting for cause i still paid more than i was suppose to.

the judge told me if the agency tries to provided me documents showing that i did take care of this it doesnt matter how many phone calls i get as long as i have that document as things are matching up im fine but i will never do it again though. to much b.s.

I do not know how an emailed document is proof of payment. I always asked for validation of debt by mail. Something is off about this and I can not put my finger on this <raising an eybrow> but this sounds kind of "shill-like" to me.

well because they threaten to put a warrant out for me an email was good enough<eyebrow down>u cant tell me what i've been through with this company i went through it not you all.

Right, <still raising a eyebrow> I have not heard of a: getting a email as a legal validation of debt, b: getting a warrant for not paying a debt that is not a ticket, taxes or child support, and c: who cares what c is you still have not said what court, what date and what state would allow this kind of hot mess to go on. You would mind telling us this so we can look it up as lawsuits are availiable for the public to read.

read your bad check laws an my state is n.j an i will not put my personal business on the weak [***] blog site.

This is my response on how they see this issue in Texas

Payday loan companies cannot issue a bad check to any county in Texas. The District Attorney's office considers them to be a line of credit. The collection agency will try to scare you into believing that!

Payday loan companies cannot issue a bad check to any county in Texas. The District Attorney's office considers them to be a line of credit. The collection agency will try to scare you into believing that!

Also why would you be here on this site talking about this issue if it was so personal, giving it is a free country and all.

well im going to need  for you to leave the internet alone an pick up a law book cause it clearly states that

The Check Fraud Division of the District Attorney's Office is responsible for investigating and prosecuting the offense of theft by check.

The Check Fraud Division is part of the Special Prosecutions Bureau of the Harris County District Attorney's Office. The Check Fraud Division is one of the few divisions at the District Attorney's Office that is able to take reports of criminal conduct directly from the victim of the crime. In virtually all other crimes, allegations of criminal conduct are reported to the police, and the District Attorney's Office reviews the police report to decide what charges, if any, are appropriate. The cases that can ordinarily be handled by the Check Fraud Division without the necessity of a police report are those in which a person writes his or her own check in exchange for goods, services or cash, and in which the victim can identify that person.

so that clearly shows me something different then wat u say as long as they report the issue an make claims on it is good. damn the collection agency cause they are nothing but a third party

o thats for texas.

Except that pay-day loans or any other "Cash loan against a post dated check" can not be considered check fraud because the loan is against a post dated check:

http://info.sos.state.tx.us/pls/pub/readtac$e ... =5&ch=83&rl=604

    

Texas Administrative Code

TITLE 7    BANKING AND SECURITIES
PART 5    OFFICE OF CONSUMER CREDIT COMMISSIONER
CHAPTER 83    REGULATED LENDERS AND CREDIT ACCESS BUSINESSES
SUBCHAPTER A    RULES FOR REGULATED LENDERS
DIVISION 6    ALTERNATE CHARGES FOR CONSUMER LOANS
RULE §83.604    Payday Loans; Deferred Presentment Transactions

--
(2) Payday loan or deferred presentment transaction--

   (A) A transaction in which:

     (i) a cash advance in whole or part is made in exchange for a personal check or authorization to debit a deposit account;

     (ii) the amount of the check or authorized debit equals the amount of the advance plus a fee; and

     (iii) the person making the advance agrees that the check will not be cashed or deposited or the authorized debit will not be made until a designated future date.

   (B) This type of transaction is often referred to as a "payday loan," "payday advance," or "deferred deposit loan."
--
(2) Collection practices. A payday loan constitutes a credit relationship for all purposes, including collection. If a borrower defaults, including the return of the check to the licensee from a financial institution due to insufficient funds, closed account, or stop payment order, the licensee may pursue all legally available civil means to collect the debt. Collection practices must be in accordance with this chapter and with the Texas Debt Collection Practices Act, Texas Finance Code, Chapter 392.

The loan provide may use all legal CIVIL means to collect, notice it say civil.... that means it is not a crime. This is because the check is being used as collateral and as such DOES NOT qualify under Texas Hot Check laws.

As a matter of fact, Texas has SUED pay-day lenders who have threatened Texas residents with arrest citing the Hot Check law.
Payday lender CashMax sent this to those who defaulted on a loan:
https://www.oag.state.tx.us/newspubs/releases/2010/102910cashmax_sample.pdf
And Texas Attorney General sent CashMax this:
https://www.oag.state.tx.us/newspubs/releases/2010/102910cashmax_pop.pdf


So, please go spread your lies elsewhere, lionel.

First, you are correct regarding Harris County.  However, you "clearly" did not pull your information from any law book. You directly did a cut and paste from their website

http://app.dao.hctx.net/faqs/4/other_divisions/5/check_fraud.aspx

Harris County is in the State of Texas, you are talking about the State of New Jersey.  This could be a case of comparing apples to oranges here.  What county was your case in?

You stated "well because they threaten to put a warrant out for me an email was good enough<eyebrow down>u cant tell me what i've been through with this company i went through it not you all".   A collection agencies, so-called investigators, or law enforcement cannot issue a warrant.  Plain and simple.  A judge must issue a warrant.  Moreover, you claimed cash jar "served you".  Once a warrant has been issued, it can't be served by a collector or payday loan company, it must be executed by a duly appointed officer of the court.

Furthermore, the information I had posted earlier about Zenith financial makes me very suspicious of them in general.

We don't need to "pick up a law book", just consult one law .....

§ 1692e. False or misleading representations
http://www.law.cornell.edu/uscode/text/15/1692e

In English even you might comprehend, that FDCPA section says in part just what Lue said two days ago. (His/her 1692e citation doesn't exist, but the point is taken.) A payday loan is *NOT* a "hot check". A consumer loan is *NOT* a criminal matter. Collectors claiming or insinuating the opposite need to be served a *real* summons and spanked hard.

True debt validation is obtained by the collection agency *from the creditor*. Delivery on paper is understood as satisfying the FDCPA. Delivery by email casts serious doubt that the VoD is both accurate *and* properly sourced.

[tears off shill's eyebrows with hot wax]

I did some "legal research" regarding Zenith Financial.  Since they don't appear to have be in business too long, I didn't expect to find much.  My search produced two hits, both FDCPA cases in which they are the defendant.

http://dockets.justia.com/docket/missouri/moedce/4:2013cv01350/128143/
http://dockets.justia.com/docket/texas/txndce/3:2013cv00368/228149/

A cautionary note to folks who wish to shill here ---- you may encounter users with experience as a legitimate (as opposed to "legit") investigator and get a real "scrubbing" (if you even happen to be familiar with the term)

Another shill who can't even write a proper sentence!!!

thats in texas my friend laws are in different nj my friend

DaFox pretty much nailed it. Soon. Mr. Amir Earvin and I are in settlement talks at present. He said he wanted to make it public so, I figure I can do the favor for him and make it public.

Here's a copy of the standard voicemail/conversation they tend to use as a scare tactic to get you to pay imaginary debts. I've yet to receive any paperwork, email, mail, or otherwise.

https://docs.google.com/file/d/0B_lBNoxH16qSc0dsbWJwQVNaZmM/edit

Thanks for sharing that with us.  It is surreal and just goes to show how illegal tactics are standard operating practice with these low lives.