Anonymous
Anonymous
Posts: n/a
Credits: 0


Sub: #1 Bro arrested for PDL check fraud!!!
Replied on 10-18-2006, 11:15 AM
Reply With Quote

My brother had a few store front payday loans. He was not able to pay them.They were sent to the DA's office. The post-dated checks were combined along with late fees and interest and he was charged with theft over 1500.00. They put a warrant out and arrested him!My mom just posted bail for him on Monday. He lives in Dallas,Texas area. Can they do that????

Posts: 8
Credits: 265


Send message to reidcutiep
Sub: #2
Replied on 10-18-2006, 11:41 AM
Reply With Quote

Rene,

You will need to get registered and then someone will answer your question.

Thx

Posts: 411
Credits: 11,710


Send message to TASHA_MOSELEY
Sub: #3
Replied on 10-18-2006, 11:47 AM
Reply With Quote

im so sorry to hear this ... your laws must be diffrent than california laws beacuse criminal action can not be brought againt california people. look up you stste laws

Posts: 405
Credits: 5,840


Send message to a_neblat
Sub: #4
Replied on 10-18-2006, 11:52 AM
Reply With Quote

Defaults in debt accounts will enforce only civil actions, not criminal. How can they arrest your brother for this? I read criminal actions are not specified in Texas.


Moderator

Posts: 6,871
Credits: 64,290


Send message to finsfan13
Sub: #5
Replied on 10-18-2006, 12:11 PM
Reply With Quote

Is there maybe more to the story? At a long stretch, maybe he could be charged with theft by conversion or uttering and writing, but I think IF there were criminal charges he would get a court date first, and the warrant would more than likely be a bench warrent..This is definitely weird.

__________________
26.2
Detroit Marathon, October 2009

Posts: 1,147
Credits: 17,829


Send message to erzeke1
Sub: #6
Replied on 10-18-2006, 12:20 PM
Reply With Quote

I'm wondering how long your brother had these accounts open, and if he ignored the repeatd requests for payment.
Store front pdl's are usually licensed in the state they do business in, and can (and will) sue.
I'd definately get him some legal representation.
Here's some info I found on Texas check laws:

Quote:

Issuing a bad check in the State of Texas may be a criminal offense under Sec. 32.41 of the Penal Code of the Texas Statutes. A person is presumed to have knowingly committed fraud if at the time he issued or passed the check he had no account with the bank or other drawee, payment of the check was refused within 30 days after issue and he failed to pay the holder within 10 days after receiving notice of refusal. Notice may be actual or in writing that is sent by registered or certified mail with return receipt requested, by telegram with report of delivery requested, or by first class mail if the letter was returned unopened with markings indicating that the address is incorrect and that there is no current forwarding order; or is addressed to the issuer at his address shown on the check, the records of the bank or other drawee; or the records of the person to whom the check or order has been issued or passed. The content of the notice must contain the following statement.

"This is a demand for payment in full for a check or order not paid because of a lack of funds or insufficient funds. If you fail to make payment in full within 10 days after the date of receipt of this notice, the failure to pay creates a presumption for committing an offense, and this matter may be referred for criminal prosecution."

The maker of a dishonored check may be charged with a Class C or Class B misdemeanor offense but may avoid such conviction by making restitution either through the prosecutor's office if it is in the collection process, or through the Court if an action has been filed.
BTW..you don't HAVE to register here for someone to help you...but it's definately worth your time!

Posts: 5,264
Credits: 72,690


Send message to WHEREAMI?
Sub: #7
Replied on 10-18-2006, 12:50 PM
Reply With Quote

I've noticed when reading other state laws that in a few they do allow for the storefronts to prosecute for passing bad checks if the company so chooses. Did they try to make payment arrangements with him, most times if a person passes a bad check the company will attempt an arrangement first and in some states writing a check for over $300 is a felony. But from my research, including OH, companies only remedy is civil action, criminal prosecution is not allowed here on pdls.

Posts: 411
Credits: 11,710


Send message to TASHA_MOSELEY
Sub: #8
Replied on 10-18-2006, 12:57 PM
Reply With Quote

mine too right steelers im in ca i cant get arrested right?

Posts: 5,264
Credits: 72,690


Send message to WHEREAMI?
Sub: #9
Replied on 10-18-2006, 01:01 PM
Reply With Quote

You have internet pdls, and in most states the pdl laws only allow for civil judgement not criminal prosecution ( I know this is true in OH ) When you read your state laws regarding licensed pdls it will state whether or not criminal prosecution is allowed, and I don't believe CA allows that.

Posts: 5,264
Credits: 72,690


Send message to WHEREAMI?
Sub: #10
Replied on 10-18-2006, 01:20 PM
Reply With Quote

AHAAA! I think something else is going on here. I had to look to find this but what I found is that under TX pdl law, a lender CAN NOT CRIMNALLY PROSECUTE FOR A DEFAULTED PAY DAY LOAN. Here it is: paydayloanlaws.com/south/texas-cash-advance.html I'm not sure, but I believe I comprehended this correctly, so is it possible something else occurred during this transaction that you are not aware of?

Posts: 411
Credits: 11,710


Send message to TASHA_MOSELEY
Sub: #11
Replied on 10-18-2006, 01:24 PM
Reply With Quote

what a joke.... not funny....

Posts: 97
Credits: 2,059


Send message to kirasienna13
Sub: #12 storefront loans
Replied on 10-18-2006, 04:33 PM
Reply With Quote

It is bad what happened to your brother. From what I understand about DA's offices. The store front payday loan companies are allowed to send defaulted loans to the DA's office for collection because in alot of states they look at it like you wrote a bad check just like if you went to any other store and wrote a check that wasn't any good. First the pdl company gives you a chance to pay and if you don't take care of the debt they have a choice to send it to outside collections or report it to the DA's office as a bad check for them to try to collect the funds. The DA's office sends the person a notice and gives them an opportunity to pay it or make payment arrangements and if the person ignores them they will be arrested. My ex-husband had to experience this with our local DA's office but he made arrangements to make payments and didn't get arrested. It's pretty serious when the DA's office gets involved.

Posts: 5,264
Credits: 72,690


Send message to WHEREAMI?
Sub: #13
Replied on 10-18-2006, 04:36 PM
Reply With Quote

That isn't true in OH, you can only seek civil judgement in this case, even if it is a storefront. I know the laws differ from state to state, but most offer only civil judgement.


Moderator

Posts: 6,871
Credits: 64,290


Send message to finsfan13
Sub: #14
Replied on 10-18-2006, 04:38 PM
Reply With Quote

Doesn't it have to be a certain amount, though? If you write bad checks for over $1000 intentionally (here in Michigan it's called uttering and writing) That's a felony, and criminal charges can be made..But I really didn't think anyone actually went to JAIL over this...I don't know what to think here.

__________________
26.2
Detroit Marathon, October 2009

Sub: #15
Replied on 10-18-2006, 04:40 PM
Reply With Quote

They can only do this if the check had a stop=pay put on it. Other than that, the pdl company is way in the wrong with this one.

__________________
Once you start down the dark path, forever will it dominate your destiny.

Posts: 5,264
Credits: 72,690


Send message to WHEREAMI?
Sub: #16
Replied on 10-18-2006, 04:42 PM
Reply With Quote

In OH if the check is for more than $300 it is a felony. I'm not sure if there is more to the story or not, I would like to know. I have never heard of a storefront pressing charges that is a serious step. I know that this definately is not allowed in OH.




Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 08:41 AM.





* Disclosures:
  • By signing up for counseling session, your provided details (Name, Email ID and Phone No.) will be forwarded to the company advertising on the DebtCC. However, you have no obligation to use their services.
  • Some creditors and collection agencies refuse to lower the pay off amount, interest rate, and fees owed by the consumer.
  • Creditors/collection agencies can make collection calls and file lawsuits against the consumers represented by the debt relief companies.
  • Debt relief services may have a negative impact on the consumer's creditworthiness and his overall debt amount may increase due to the accumulation of extra fees.
  • The amount which the consumer saves with the use of debt relief services can be regarded as taxable income.
Page loaded in 0.086 seconds.