Defaulting on cash advance payday loans brings one proven outcome: the beginning of collection calls. Almost right away after missing a payment, a debt collector can call to collect the entire balance of your payday loan. If not successful, collectors might use rude tactics that are considered illegal. If you have unpaid payday loan debt, it is important for you know your rights as a consumer to avoid harassment from your borrowers.
A typical strategy used by payday lenders is calling the references you provided when initially acquiring the loan. Unfortunately, this might include your present employer. Understand that a debt collector could only get in touch with your employer for the following reasons: to verify your employment, business location, and whether you have medical insurance to cover a medical bill. Payday loan lenders is also able to contact your employer in order to garnish your wages should you have a judgment entered against you. Whenever a payday lender contacts you for any other reason, then they have crossed the line.
Another well known technique of collection is threatening to arrest you for check fraud. Many are easily intimidated by this threat yet really should not be. In fact, proving that you have committed check fraud is very difficult because a lender must possess evidence that you took out a payday loan without intentions to pay it back. Check fraud is almost impossible to prove, which means you will not get arrested or go to jail for your unpaid debt.
Collectors are also prohibited from using obscene and profane language when collecting your payday loan debt. They also can only call you within reasonable hours, typically between 8:00 am to 9:00 pm. If a collector calls you constantly over a short period of time, this can be considered harassing and you could take action against the debt collector.
If you would like all phone communications to stop, you need to write a Notice to Cease and Desist Communication to your payday lender or collection agency. In this document, states that you do not wish to receive phone calls regarding your debt. Explain that you also cannot be contacted at your place of employment because doing so might jeopardize your job. If you wish to be contacted by mail, request it in this document as well and provide your existing mailing address. To protect yourself, mail the document certified, "return receipt requested" so that you have evidence of its delivery. After attaining your Notice to Cease and Desist Communication letter, the debt collector can get in touch with you one last time. However, a major disadvantage of stopping collection correspondence is that you may be leaving your debtor no other choice but to take you to court for your unpaid loan.
To avoid legal trouble, the best thing you can do is talk to your debtor. Instead of ignoring or hiding from your debt collector, respond to them immediately. Talk about payment alternatives or tell them when you expect to be able to pay the cash advance loan back.
Another choice is to seek a qualified payday loan consolidation company to work on your behalf. Doing so means that instead of contacting you for repayment, your payday loan lenders will work directly with your consolidation firm for negotiations and repayment arrangements. This saves you time and effort that's brought on by collection methods if you were to deal with your cash advance lenders yourself.
Cash advance payday loans can easily trap you in their cycle and once they are able to, it is incredibly hard to get out of. It is important for you to keep in touch with your debtors and create a plan that works for you financially. Most importantly, know your rights and ensure you are protected while you get yourself out of payday loan mess.