Friday, December 04, 2009

No, CashNet Cannot Throw You In Jail for Defaulting on a Loan


After I wrote a recent article about phony debt collectors pretending to be attorneys, I started receiving phone calls from people around the country that a collection agency for CashNetUSA was impersonating me and trying to collect debts.  I am receiving disturbing reports that this collection agency is illegally threatening borrowers with jail time for not repaying loans.

I filed a complaint with the Better Business Bureau and CashNetUSA has not responded to my request for assistance.  I also contacted the El Cajon Police and the San Diego officer of the F.B.I., but they do not feel that any crimes have been committed.

The Federal Fair Debt Collection Practices Act specifically prohibits debt collectors of consumer debts from threatening a debtor with jail time for failing to repay debts.  Debt collectors also may not falsely claim that they are attorneys or government representatives.
If any collection agency for CashNetUSA contacts you and pretends to be an attorney collecting a debt, I recommend taking the following steps:
  • Go to www.annualcreditreport.com and get a copy of your credit report.  Dispute any inaccurate information.
  • Put a preliminary fraud alert on your credit report.  The collection agency for CashNetUSA seems to have loads of personal information about people and you could be at risk for identity theft.
  • Contact your local police.  A debt collector impersonating and attorney might be committing a crime.
  • Consult an attorney.  You may have a claim for damages against the collection agency under the Fair Debt Collection Practices Act and you may also have a claim for damages against CashNetUSA under the laws of your state.
If you live in Southern California and a collection agency for CashNetUSA or any other collection agency has been has been harassing you, please call us today for assistance at (619) 448-2129.

About the Author: Carl H. Starrett II has been a licensed attorney since 1993 and is a member in good standing with the California State Bar, the San Diego County Bar Association and the National Association of Consumer Bankruptcy Attorneys. Mr. Starrett practices in the areas of bankruptcy, business litigation, construction, corporate planning and debt collection.

2 comments:

Anonymous said...

8006498440 is a number threatening me claiming they're Carey Firm. I searched the number & can't fid anything but people complaing. Paid another person now thinking that was fraud & worried someone else is trying to too. Lost:\

Anonymous said...

I've received several threatening voicemails on my personal phone and was notified multiple extensions throughout the entire building of my workplace were being called leaving crazed, detailed messages about me. The same crazed,horrific messages were left with my family stating I had committed serious crimes and had charges pending against me. They were told to have me call back immediately or turn myself in before warrants for arrest were issued. How is there no solid recourse for being harassed in such a manner?