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Rene · Posted: Wed Oct 18, 2006 11:15 am Subject: Bro arrested for PDL check fraud!!!

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????

Posted: Wed Oct 18, 2006 11:41 am Subject:

Rene,

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

Thx

Posted: Wed Oct 18, 2006 11:47 am Subject:

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

Posted: Wed Oct 18, 2006 11:52 am Subject:

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.

Posted: Wed Oct 18, 2006 12:11 pm Subject:

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.

Posted: Wed Oct 18, 2006 12:20 pm Subject:

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:

Posted: Wed Oct 18, 2006 12:50 pm Subject:

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.

Posted: Wed Oct 18, 2006 12:57 pm Subject:

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

Posted: Wed Oct 18, 2006 1:01 pm Subject:

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.

Posted: Wed Oct 18, 2006 1:20 pm Subject:

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?

Posted: Wed Oct 18, 2006 1:24 pm Subject:

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

Posted: Wed Oct 18, 2006 4:33 pm Subject: storefront loans

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.

Posted: Wed Oct 18, 2006 4:36 pm Subject:

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.

Posted: Wed Oct 18, 2006 4:38 pm Subject:

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.