Q: I took out a payday loan and can no longer make the payments. Now I am being harassed, intimidated and threats of suit.
Someone called on behalf of the creditor saying I wrote a fraudulent check, which I didn't and that they are going to serve papers to my employer. Can they do this?
A:
No. Go to my website - I wrote a brief article on this: http://www.rachelhunterlaw.com/articles/article_9_Pay_DAY_Lending.html
GA has a law - payday lenders have to comply with the law if they want to be able to collect their higher rates. Few lenders bother to comply with the GA Industrial Loan Act. Payday loans made in violation of the law are illegal.
Sounds like you may be dealing with an overseas lender or maybe a tribal lender. If so, the chances of them suing you is small to nonexistent as by doing so they would implicate themselves in the commission of a crime.
Your employer is only served with papers if the lender would sue you and recover a judgment. In that case, the judgment could be collected by wage garnishment and garnishment papers would be served on your employer. However, legal action against someone is not started by filing anything with your employer. The lender is trying to scare and intimidate you. Don't be intimidated.
And stay away from payday loans. They are always a bad deal.
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