Dean & Associates Smith, Dean & Associates; SDA called and said I was being "prosecuted for a 2nd-degree felony fraud" "be in jail before nightfall" "send $350.00 via WalMart within 2 hours Jacksonville, Florida
SDA called me and stated that I was being prosecuted for felony fraud, a 2nd-degree felony, and I would be in jail before nightfall if I did not send $350 via WalMart within 2 hours to pay for our Loan thru 123 Dough. They were extremely rude to myself and my husband. When my husband called them and explained that the loan was under him, then they changed their tune and stated that they would issue a warrant under his name.
First they told him that he would have to pay $1788 within 2 hours. Then when he explained that he lost his job and that was why we weren't able to make payments, they stated that he would need to make the $350.00 within 2 hours or they would have a warrant out for his arrest and he would be taken to jail for 2-3 years.
My husband promptly borrowed money from his family and went to walmart to pay for this. This was a very scary and trying time for us. Because we were worried that he would be taken away. I would like to file a report against them for harrassing so horribly. Any help would greatly appreciate it.
2 Updates & Rebuttals
I am the law
Chicago,Illinois,
USA
Doesn't sound right....
#3Consumer Comment
Sat, April 28, 2012
Something doesn't sound right here....
First off, if someone can't or won't pay off a loan; this is a civil matter, not a criminal one. Worst case scenario, there might be a lawsuit or a wage garnishment. They won't haul you off to "debtor's prison". It's not "fraud" to fall behind on loan payments.
They must have been accusing him of something else (like taking out a loan in another person's name or providing false information, etc etc.) if they were taking that tone with him.
Karmaa
Frederick,Maryland,
United States of America
You must know your rights!
#3Consumer Suggestion
Tue, April 03, 2012
Threatening you with criminal prosecution is a violation of the Fair Debt Collection Practices Act. You can Google it and easily come up with a copy of the actual act (from a government source), which also tells you how to handle violations. The important parts are:
Debt collectors may not use threats of physical force or violence in collecting debts.
They may not threaten criminal prosecution for non-payment of the debt.
They may not threaten to tell uninvolved third persons about your debt in an effort to humiliate or embarrass you.
They cannot use obscene or profane language when contacting you to collect debts.
When a debt collector contacts you, he or she must correctly identify who they are, the purpose of the contact and the fact that it is an effort to collect a debt.
Debt collectors cannot lie to you about who they are, who they work for or why theyre calling you.
If they are not an attorney, they cannot represent to you that they are an attorney. Similarly, they cannot misrepresent to you that they are police officers, FBI officers, or sheriffs.
They cannot cause a phone to ring continuously or repeatedly to harass you, and may not call you too frequently or at odd hours to harass you.
Debt collectors generally can only call you between 8 a.m. and 9 p.m., unless you give them permission to call at some other time.
With limited exceptions, debt collectors cannot contact your employer concerning the debt. With limited exceptions, debt collectors cannot call your family members about the debt.
They cannot publish to anyone a deadbeats list of persons who allegedly have not paid their debts.
If you advise a debt collector that you are represented by an attorney and wish to conduct all further discussions only through counsel, the debt collector must cease calling you and must thereafter only contact you through your attorney.
If you advise a debt collector to cease communications with you, the debt collector must do so after advising you of any additional debt collection steps that may be taken.
If your original contract with the creditor does not provide for attorneys fees or other penalties, the debt collector cannot add these to the debt.
Debt collectors cannot use fraudulent legal forms to collect debts. They cannot solicit post-dated checks and cannot accept checks post-dated by more than five days.