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Can you go to jail in the state of Texas if a payday loan says you wrote them a bad check?
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∙ 12y ago
probably!
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∙ 12y ago
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Can you be charged with check fraud for not paying a payday loan?
No. If your state allows payday lending, then they might be able to sue you for default, but that's it. I'm assuming you took out an internet payday loan. It's illegal for them to tell you that you can be charged criminally. The only exception would be if you went to a storefront and actually wrote a check, and it bounced. Then they could charge you with a bad check. If you did it on the internet, you never wrote a check. It's not the same thing. The most they could do is sue you civilly, and that's if your state allows payday lending. Many states have made payday lending illegal. Check with your state Attorney Generals office or financial regulator to get more info on your state and payday loans. Also check out the Fair Debt Collection Practices Act (FDCPA). This Federal law explains why they can't threaten you criminally. You may be entitled to sue them. A consumer rights attorney could help you with that.
In the state of Texas can you get arrested for having wrote a bad check five years ago in Texas?
only if there is a warrant for your arrest.
Is a felony to bounce a payday loan check?
Chances are, you never wrote a check. You simply gave them access to your bank account, allowing them to make a deposit and conduct an ACH debit to get their payment. This is not the same thing as writing a bad check. Failing to pay a payday loan is not illegal, and it is not check fraud, or whatever term they may be using to try to scare you. If payday loans are legal in your state, they may be able to take you to court civilly, as you would with any other defaulted loan. You will need to contact your state financial regulatory agency to find out if payday loans are legal there.
Who wrote the constitution of the Texas?
Check the link, Texas has had several.
Can a collection company for a payday loan company have you arrested for anything?
NO. No matter what state you reside in, a debt is debt. It is always a civil matter, not a criminal one. The only difference would be a storefront lender whom you physically wrote a check to. In that case, you would be writing a bad check. Chances are, your loan was an internet loan. You never wrote a check. It is a loan. They will make threats trying to scare you into paying them. It is illegal for them to do that. Many states have made payday lending illegal. You would need to research your State and find out.
Can a payday loan company get you on bad check charges in Maryland if you have filed bankruptcy and the loan was discharged?
No. In fact, payday lending is illegal in Maryland. You wouldn't even have to file bankruptcy on the payday loans. They couldn't touch you in Maryland anyway. Even if you do file bankruptcy on them, they will still most likely call and harass you. They are well known for disregarding the laws, including bankruptcy laws. A payday loan and a bad check are two different things. Unless you physically wrote a check to a storefront lender, you would not be writing a bad check. I'm sure you never wrote a check at all, but payday lenders will lie and tell you that it is a crime. That's simply not true.
Can you put a stop payment on a check to a payday loan store?
It's not illegal to do a stop payment, or the banks wouldn't let you do it, but you would still owe the payday loan store. It may still be illegal in your state or jurisdiction however, because you wrote a check and received money for it. Check your state laws with an attorney to find out for sure. If you stopped the check, I would recommend contacting the loan store to make arrangements. If it was an internet payday lender, and you didn't physically write them a check, it's not the same thing. You could tell the bank to stop the debit, but it won't keep the payday lender from continuing to try and get the money out of your account. They will just put it through for a slightly different amount, as stop-payments are amount specific.
If you write a check to those cash now places and dont pay what happens?
If the check you wrote to the payday company is returned by your bank for insufficient funds, etc. it is considered to be a "bad check" and the payday loan company can obtain a civil judgment against you. Most of them simply put it on your credit report but some companies do proceed with civil action. To determine what legal consequences of a bad check is in your state check out this website: www.ckfraud.org/penalties.HTML
Is a payday loan theft by check?
No. Internet payday lenders love to try to make you think it is though. If you fail to pay a payday loan, it's the same as defaulting on any other loan. If they tell you that you have committed a crime, then they are breaking the law. Check out the Fair Debt Collection Practices Act (FDCPA). It governs what they can and cannot do. You may be able to even sue them. Some states have made payday lending illegal. Check with your state Attorney Generals office or financial regulator to find out. At most, you may be sued civilly but that's it. Payday lenders love to try to scare people into paying them, but the tactics they use are illegal. If you possibly went to a store front and wrote a check, that's a little different. They could charge you with a bad check.
Can a payday loan company really take you to court and get you for a bad check in Texas even if you never wrote a check they just scanned it for your bank information?
Under law, a check can technically be written in any form. The point of a check is your willing authorization for your bank to pay the payee. When you allowed them to scan your check and presumably signed a contract they provided, you established a covenant with them and paid via check, even if the actual check never changed hands. If they paid you money, and you legally authorized this transaction, you've passed a check. While I cannot speak authoritatively on Texas law specifically, I'd say with no reasonable doubt in my mind: Yes they can.
If you have a cash advance company calling you thresting saying if you do not pay the loan back we will send it in to the da office for a bad check can they do that?
If you went to a store front and actually wrote a check out, then they may be able to press charges for a bad check. I would assume you probably never wrote a check, but instead took out an internet payday loan. That is not the same. Failing to repay an internet payday loan is a civil matter, not criminal. At most, they could sue you in court. It is illegal for them to threaten you in that manner. Check out the Fair Debt Collection Practices Act (FDCPA). Payday lenders love to threaten you so they can scare you into paying.
Can you go to jail for a felony if you do not pay your payday loan?
No, and payday lenders are prohibited by law from telling you that. It is a civil matter, the same as if you couldn't pay a credit card. Payday lenders are notorious for making threats to have you arrested, etc. They are violating the Fair Debt Collection Practices Act (FDCPA) when they do this. Some states have made payday lending illegal. Check with your attorney generals office or financial regulator about this. On a side note, if you went to a store front location and actually wrote a check, then they would be able to pursue charges for a bad check. Internet payday loans cannot do this, as taking out an online loan is not the same as writing a check.
