Can a debt collector sue for fraud?
My husband (foolishly & without my knowledge) took out a $150 payday loan last year, which he defaulted on after being laid off from his job. We have a debt collection agency telling us that if we do not pay them, they will sue my husband for breach of contract & fraud. I can understand suing for wage garnishent, but fraud? And yes, we have attempted to offer them a payment plan, but they are refusing it, saying that we must pay in full…
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Fraud because your husband had no intention of paying it.
Fraud has a pretty broad definition, but it basically means monetary gain by deception.
In this case, yes, they can charge your hubby with fraud, as it’s a part of the “bad check”. PROVING it is fraud, however, is a different problem, as they have to prove your husband INTENDED to deceive them. If you really go to court, they’ll probably drop the charges if you can prove that your hubby was actually laid off, and he had every intention to repay, except unforeseen circumstances intervened. The difference here is INTENTION.
As for payment plan… All collectors sound harsh and demand full payment. That’s their job. Your best bet is get a loan from a relative, pay off the collector, THEN make payment plan to your relatives.