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Report: #1034989

Complaint Review: cash advance usa - michael chase - Internet Internet

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  • Reported By: christine — pittsburg California
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  • cash advance usa - michael chase Internet United States of America

cash advance usa - michael chase harrassing phone call about an over due cash advance - threatening jail and arrest Internet, Internet

*Consumer Suggestion: Stop. Breath. Calm Down!

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A man named michael/anthony chase with an Indian accent from Watkins and Associates phoned me on my cell phone on march 14, 2013 @ 12:44 pm regarding an overdue cash advance of $389.69 and payable only by an Vanilla Reload Network Card or i was to be charged, arrested, and taken to jail by the state of california. he said a warrant was already issued for my arrest.

i asked him for what dates i didnt make a payment and he became angry and started pressuring the fact about the warrant and the arrest.

He gave me restituition case number . he also stated that the payment needed to avoid being arrested would either be paid by western union or by the prepaid Vanilla Reload Network card.

i never took out a loan with cashadvanceusa.com nor have i heard about them till now.

the guy keeps calling! please help!

This report was posted on Ripoff Report on 03/15/2013 08:35 AM and is a permanent record located here: https://www.ripoffreport.com/reports/cash-advance-usa-michael-chase/internet/cash-advance-usa-michael-chase-harrassing-phone-call-about-an-over-due-cash-advance-t-1034989. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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#1 Consumer Suggestion

Stop. Breath. Calm Down!

AUTHOR: Mia - ()

POSTED: Wednesday, March 20, 2013

This must be an awful nightmare!  First of all let me assure you that you cannot be arrested or put in jail for failing to pay a bill.  We do not have a debtor's prison in this county.  Threatening to have you arrested is a pure scare tactic.  The state of California is not coming to arrest you.  By not paying this bill, or any bill, a collection agency cannot put you in jail.  

Ok, now that you can breathe easier now, you still have the issue of the harassing phone calls demanding money from you.  You say this is not a debt you owe because you have never heard of this company.  They may be representing a company you have done business with.  They may have the wrong person entirely. So, first thing to establish is do they have a legal claim for a debt you owe.  They are required to provide you with documentation that proves this is your debt.  If they do not have those documents to show you, then case closed.  From your letter it sounds as though this is a scam.  So you need to report them to State of California (you said something about California, but you should also file a complaint in your state as well) Office of the Attorney General for violation of the California's Fair Debt Collection Practices Act.
" State law prohibits debt collectors collecting or attempting to collect a consumer debt by using obscene or profane language (California Civil Code section 1788.11(a)). Federal law states that a "debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person..." and also prohibits the use of obscene or profane language to the hearer or reader (15 United States Code section 1692d(2)).A collection agency or its employees must not threaten to do anything that it cannot legally do. It cannot damage your property or physically injure you or others (California Civil Code section 1788.10)."

Go to the website, "oac.ca.gov and find the link regarding collection agencies.  Follow the instructions from there.  The next time this person calls, put them on speaker, have a recorder ready and turn it on before you answer the call.  Tell them you are recording the call. California has a two party rule, so both parties must consent to having their calls recorded.  You may live in a state that has a one party rule but since you seem to be dealing with California (from what you have said) their laws apply even if you are calling from a one party state.  There are many other legal issues with regard to this issue, but to play it safe, don't record anyone you talk to if they are in a two party state without their knowledge.  If you tell them they are being recorded and continue to talk to you then you have their implied consent.  If they don't want to be recorded ask them why?  If they are a legitimate business, who are following all applicable laws, they should have no problem with it.  Since I think you are dealing with scammers I'll bet they will hang up, curse at you, threaten you but that will be it, and if you have it all on recording, so much the better.  In the conversation state clearly,  A- you are not the party they are looking for. B-You have never done business with Vanilla Reload Network card and if they are claiming you have then demand documentation substantiating that claim.  Do not give them a physical address, tell them to send the information to the address they have on file.  Let them tell you what address that is.  This may give you a clue as to who actually has this debt.  Maybe you recognize the address and find out someone you know has stolen your information at one point and did business with this company.  Have them forward the documents to an email address.   C- Tell them because of their past behavior you have made a complaint to the Attorney General of California for violation under the California Civil Code section 1788.11(a)) and with the Federal Trade Commission Agency.  This is part of the federal government that enforces the Federal Fair Debt Collection Practices Act.  The California AG's act has a link for you through their website. I wouldn't wait to make these complaints, I would start this today.  Even if you find out this is a legitimate debt their behavior, as you have described, is illegal and should be reported.  

This is information you can, and should, verify yourself by going to AG's website and follow their steps.  I was in a situation where a family member used my information to gain services for a utility.  They didn't pay the bill (unbeknownst) to me, and a few years later a collection agency found me and tried to get me to pay this bill which was over $2,000.00.  The was a legitimate company and they were nice and professional at first.  They sent me the documents regarding the services, where and when they were rendered, and gave me time to look into the matter.  When I saw the dates of these services and knowing I was living in another state during the times they claim I was in the state at the address the utility was being used, I informed them, in writing, they had the wrong person.  That was when the harassment started.  I am in a one party state and tape recorded the harassment.  They threatened me with jail, with court, with going to my employer.  They claimed they could get a judgement for up to 5 times the amount they are demanding.  It was all just a collection agent trying to make his commission.   I made a copy of the tape (yes, I had an actual tape back then, digital recorders were not around,) went to a lawyer, he wrote a letter, and everything stopped.  I followed up with the three major credit reporting agencies to make sure this didn't appear on my credit report.  I advise you to do the same.  I sincerely hope I was able to offer some suggestions that will help you.  Good luck!

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