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hottanya · Posted: Wed Dec 27, 2006 11:18 am

Ok, I got caught up in 2005 with a bunch of payday loans. I got what I thought was all of them paid off. On friday I was driving through town on my way back to work from lunch and a cop pulled me over and said I ran a red light. He took my license, came back to my car, and told me that there was a warrant out for my arrest that was for fraud from 2005. I had to pay $230 to bail out just so someone would be there to pick my children up from school. I was treated completely uncalled for and I believe that it was a payday loan company who did this. I am going down to the municiple court to gather information about this today, but does anyone have any advice about this for me. I don't know what to do if they tell me that I owe some rediculous amount or something. It's Christmas, I don't even have any money saved up right now. Please help!

Posted: Wed Dec 27, 2006 11:21 am

okay what state are you in?

Posted: Wed Dec 27, 2006 11:22 am

What type of fraud did they say it was? I don't get how they could just toss you in jail without any more information.

hottanya · Posted: Wed Dec 27, 2006 11:25 am

I live in Colorado and they said it was fraud-insufficient funds. I never got called from anyone about a bounced check though.

Posted: Wed Dec 27, 2006 11:37 am

hottanya -

I'm sure it's upsetting to go through this. Is it possible that you moved or changed addresses or phone numbers in 2005, which might have caused some of your mail or phone calls not to get to you? It's possible that a notice was sent to you about the NSF check that you didn't see or might have overlooked.

I hope you are able to work this out. Let us know what you find out.

Posted: Wed Dec 27, 2006 11:37 am

oh man

Posted: Wed Dec 27, 2006 11:40 am

your thoughts, beauty?

Posted: Wed Dec 27, 2006 11:43 am

Colorado does have this in it's laws . . . Criminal Action: Prohibited (Unless the consumer's account was closed before the agreed upon negotiation date)

I still don't see someone being arrested for an NSF . . . If that were the case the courts would be full of people! You need to get more info and find out what this is about . . . . That is really scary info to hear . . . .

Posted: Wed Dec 27, 2006 11:50 am

ANd basically (from what I think) In Texas, since it's a post dated check, they cannot file fraud since they KNEW that the money, at the time, wasn't in the account. So I think in TX you're safe from a PDL arrest, am I right?

Posted: Wed Dec 27, 2006 12:16 pm

Up until now I'd thought that you couldn't be arrested for defaulting on a PDL . . . Some states may have some weird check laws that may allow them to file charges . . .

Posted: Wed Dec 27, 2006 12:19 pm

I'm assuming this would have to be a storefront PDL. Some states do have pretty stringent NSF check laws that allow for prosecution and fines, even jail time if the check is big enough, or there are enough of them written by one person. Our local newspaper publishes the circuit court cases every week, and every week there are several bad check cases prosecuted - they end up paying the face amount of the check plus fees and court costs. This is only after the company receiving the bad check attempted to collect it on their own with no success.

Posted: Wed Dec 27, 2006 12:23 pm

so u cant get in trouble from the loan it self just the fees that are put on your account? NSF fees thsi worries me cause washington mutaul closed me our at 639.00 nsf fees which is now being collected by ERS solutions.... anyone know anything... I wrote a check for 18.00 to pizza hut that bounced what about that....

Posted: Wed Dec 27, 2006 12:26 pm

Tasha - I think what the original post was asking was about a NSF check written to pay for a PDL - but I'm not entirely sure.

Are you asking about your bank account being closed with NSF charges? I don't know if that will end up in court, but it could possibly stop you from opening another bank account if you don't get it paid off and cleared.

If I've misinterpreted your question, please let me know - thanks!

Posted: Wed Dec 27, 2006 12:35 pm

Yes i am asking about my account being closed with nsf fees?

Posted: Wed Dec 27, 2006 12:37 pm

I know that here, they do prosecute for NSF fees. My youngest son was stupid and thought he had money in his account because he overdraft protection, so he spent it, resulting in NSF fees. He was eventually contacted by an attorney to get it cleared up, or else. We went to the bank and made payment arrangements with an officer and he got it paid off. ..KAren

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