Collections Agency took money out before said date, they want to put a warrant of arrest for bounced check….?
July 17th, 2010 | by admin |AllState Financial has been contacting me on my cell phone nonstop about an Applied account I had and that they now are in charge of. I have never recieved a letter or anything stating that I owed them. They only have left messages with claim numbers that said to call back. When I finally did call, they said I had to pay ,344.90 in full and pretty much, that there was no other option or they would file the lawsuit against me (the amount owed at Applied was less than that amount but I understand if they charged me for nonpayment – & before you judge and say it was my fault for going into debt, please understand that not anyone is blessed the same way with money. I had to stop working for a while for health reasons.)
I explained that my bank account didn’t have money at the moment b/c the bank and I actually were going through a fraud case where someone in another city somehow got a hold of my debit card info and made a replica of it and took out money I had in there (AllState Financial said that I was lying pretty much – apparently I can’t be a victim of fraud). The bank was gonna give me my money back that following week (provisional credit) but it was for my rent but the guy said I had till October 2 to put the money in, to call before if I didn’t have the money. I said OK, gave him my bank info (since he pretty much threatened a lawsuit against me & I was going to put more money in for the debt). Well, I didn’t get my provisional credit when they said they would give it and the extra money I had, it was for my rent. I called on the 1st of October in the morning telling them (AllState Financial) that I didn’t have the money yet. They said why didn’t I tell them before (they didn’t tell me that they already tried taking the money out on September 29).
I told them I would call them when I had the money in or If I could make monthly payments and set that up – they said No, it was too late for that. I said I would call when I got more money then, they said Ok & hung up on me. Then I get a call today, the 4th of October and they say that since the check that I have them bounced, they will have a warrant for my arrest on the 6th if I don’t pay in full. I said I had called before the 2nd to state that I didn’t have the funds. They said they took it out the last day of September and that it was gonna post on the 2nd and I had to say 72 hours before that I couldn’t pay (they hadn’t told me this). He said they have a recording of me giving my bank info and stating that I would pay that amount and it bounced so that they were gonna file a warrant for my arrest and I would go to jail.
I said if I can make payments thru INCHARGE DEBT SOLUTIONS (the people there said that Allstate accepts payment thru them and they are just trying to scare me so that I can pay in full) but they said they will not accept payments from INCHARGE. I’m a mother of a two month old and I haven’t been working b/c I’ve been sick the whole time (during and after pregnancy). I AM trying to get my debts back in order (they aren’t a lot – just a few) but at least I’m trying. But what I’m asking is, will they seriously issue a warrant for my arrest for one bounced check? I know I said I would pay but I told them before they had told me to call and it’s not like I’m not wanting to pay them. I do but I can only make montly payments. It’s either pay them in full or get evicted from my apartment with my two month old with nowhere to go. And by the way, the people at AllState are not the nicest people to talk to. I have tried talking in a nice manner but THEY are the ones that are so rude and I’m trying to work with them but every answer is a NO. TOO LATE. There have been a lot of people in my situation ( http://800notes.com/Phone.aspx/1-866-508-1877 ) but I haven’t read about getting threatened to have a warrant out for your arrest. Please help, I’m freaking out here. 
I have tried explaining my bank situation to the Collections agency – they barely give me a chance to talk. They basically say that they don’t care about my personal and financial problems (having a fraud case investigated on my bank account is my problem & "doesn’t make sense to them") and they pretty much just want the money. I have to give them an answer on how I’m gonna pay (by check, money order, etc.) by Monday, the 6th or they will send a warrant for my arrest. I don’t have anyone here to lend me money and I doubt my bank would give me a loan. And there are no payday loans or anything like that here in GA and I’ve heard those aren’t good anyway – I’m trying my best to get out of debt and I’ve heard those just dig a deeper hole. :\
Trust me, I’ve tried to make a payment plan. When I called the first time, they threathened me with a lawsuit if I didn’t pay in full. They gave me no other option. When I called them again to make a payment plan, they said NO, too late. And now they called me and are saying that they are gonna have a warrant out for my arrest. This all happened in a 2 week period maybe.
5 Responses to “Collections Agency took money out before said date, they want to put a warrant of arrest for bounced check….?”
By bdancer222 on Jul 17, 2010 | Reply
NEVER give a collection agency direct access to your bank account. It is very common for them to take duplicate or take more or take it early. Unfortunately for you, you have no written record of the agreement for them to take the payment on the 4th or that you called on the 1st to stop the payment.
Stop talking to these people on the phone. They are not going to have you arrested. That is a scare tactic. Send them a certified, return receipt letter indicating that due to their error in drafting your bank account before the agreed date, you want all future communications in writing.
If you are already signed up for credit counseling with Debt Solutions, let them deal with the collector to work out a payment arrangement.
In the future, remember to always get a written settlement agreement before you pay and never give them direct access to your bank account. Had they actually taken you to court, the worse thing that would happen is they would win a judgment and garnish your pay but the max they could take would be 25%.
By ♥ Alwayz..... on Jul 17, 2010 | Reply
I dont think you can go to jail for ONE bounced check. They are overdramatizing it to scare you. The most they can do is report you to the credit bureau…
BUT
You need get documentation from your bank saying that you are a victim of fraud. Or have your bank mail them a certified letter. This could cause an extension in your payment to them.
Your bills do not sympathize with one another. You should have called back asap the first time so that you could offer to make monthly payments in good faith..
Call them again and ask if your bank sends documentation about your banking situation, will they reevaluate your offer of a payment plan.
Will your bank give you a loan? Can you borrow the money from someone or at least half?
If all else fails, seek advice from a lawyer. They even have lawyers that benefit low income people.
Goodluck..
By tkahrs12122 on Jul 17, 2010 | Reply
You will not go to jail but you will be arrested. You owed a debt and failed to pay nor did you make any arrangements when you first ran into trouble. You ignored the problem until it grew. Once this goes to court your debt will be in the thousands. Try and set up some payment plan.
By vanlaere on Jul 17, 2010 | Reply
First of all, if you bounce a check (which I am not sure this qualifies as that since it was supposed to be a debit), they can take this info to the prosecutors office and the prosecutors office will put out a warrant for you. Debt collectors will scare you in any way possible to get you to pay the debt. Most likely, they would not have filed a lawsuit against you. They would have to file the lawsuit in the county that YOU live in, most of the time it is not worth their time or money. But we are past that point now. I have set up payments with companies before and turned out to not have the money and it was never considered the same as a bounced check. Secondly, they cannot record you unless you gave them permission to record you. If they did this without your permission then it is illegal. I would call your state’s attorney generals office and speak to someone explaining your situation and tell them that you are being harrassed by this collection agency. I have spoken with mine and they were very helpful. Debt collectors are the lowest scum on this planet and do not care about your personal situation. I would switch banks as well, they should be a lot more helpful then it appears they have been. Good luck and I hope everything works out.
By Many G on Jul 17, 2010 | Reply
Look here. It helped me.