Expert: Apex Credit Services, LLC - 12/17/2007

Question
I was contacted from a company called Geneva Roth who stated that I took out an internet payday loan in July which was "directly" deposited into my checking account. I researched their claim and see where a $300 deposit was made in July. However, I do not recall making any type of agreement with Geneva Roth or any other loan company. Now, they are stating that if I do not pay them $929 they will prosecute me. I do not have that kind of money. When I tried to find out more information about them, the representative was extremely rude and unhelpful. I also requested some type of information in writing validating the debt, but have not received anything from them. Can I go to jail?

Answer
Dear Sir or Madam:

    No, you cannot go to jail unless you passed a "worthless check."  To me, it sounds as if this was a contractual issue and that no instrument was returned for insufficient funds.  This would be assuming that this account was even yours.

    They cannot "prosecute" you in the traditional sense of the word.  That is to say that they cannot bring criminal charges against you.  They may elect to sue you and thereafter, "prosecute" their case but, that is not leving a criminal complaint.  Only prosecuting attorney's can do this.

     I don't know if Geneva Roth is a debt collector.  If not, they do not have to provide you validation.  You can request "verification" but, they may not comply insofar as their is no private cause of action for failing to do so.

             Apex Credit Services, LLC