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Posted: Tue Jul 11, 2006 12:06 pm Subject: Pre Litigation |
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Can someone please advise me. I just got a call from these people and they said they were sending the authorties at my place of work to get me. These people are out of Jacksonville Florida and are thretening me with jail and everything. They are saying something about an affidavit of Theft by Conversion.
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bmoore_731

Joined: 30 Mar 2006
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Posted: Tue Jul 11, 2006 12:26 pm Subject: |
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ok..no one is coming to get you. Is this a payday loan company? Theft by conversion means that you took someone's property legally and then misused it...For instance..If you rent a car but refuse to return it, that's theft by conversion.
Who is the company that's harrasing you?
_________________ "It's a treat, being a long-distance runner...."
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finsfan13
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Posted: Tue Jul 11, 2006 12:28 pm Subject: |
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Hi bmoore...Prelitigations is a collection company. They've called me several times now and threatened me, which they ARE NOT ALLOWED TO DO. They cannot file criminal charges against you for a payday loan. They also can't even threaten you with that. That violates collection laws in just about every state in the U.S. The woman who called me was named Casey Worman, who was the person that contacted you?
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apaverystar23
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Posted: Tue Jul 11, 2006 12:29 pm Subject: |
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They also threatened me with "check fraud", which would be a neat trick since I never used a check to apply for a payday loan.
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apaverystar23
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PinkLady
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Posted: Tue Jul 11, 2006 12:44 pm Subject: Pre Litigation |
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It is Pre Litigation and the person that contacted me was Jane Taylor and the phone number is 904-359-5184. They are in Jacksonville Florida and it is regarding a payday loan. They are demanding $565.00 today.
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bmoore_731

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PinkLady
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Posted: Tue Jul 11, 2006 12:49 pm Subject: theft by conversion |
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This is law in the state of Georgia. Try to do some research. Some of these collectors prey on the fact that we are ignorant of the law.
Theft by conversion - O.C.G.A. 16-8-4
When an individual has lawfully obtained the property of another for a specified use, and he instead converts the property for own use in violation of the agreement, it is called theft by conversion. For example, if someone obtains a donation from a merchant under the pretense that the goods will be auctioned off for charity, when in reality he intends to sell them for his own profit, he may be convicted of theft by conversion.
Punishment: all theft crimes except shoplifting are punished as a misdemeanor if property value is less than $500 (with exceptions). If the value of the items is more than $500, then 1 to 10 years in prison is the punishment.
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guest
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Gretchin
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Posted: Tue Jul 11, 2006 12:50 pm Subject: check fraud |
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ckfraud.org/penalties.html
Link Made inactive as per forum rules - Mike
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guest
Guest

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Posted: Tue Jul 11, 2006 12:53 pm Subject: guest |
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Postdated Checks:
| Quote: | | Section 3-104(2)(b) of the UCC, defines a check as "a draft drawn on a bank and payable on demand." A postdated check, since it is not payable on demand, does not satisfy this demand. Consequently, it has generally been held by most states that the giving of a post-dated check does not constitute a present fraud nor is it within the scope of the bad check laws. |
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guest
Guest

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Posted: Tue Jul 11, 2006 1:05 pm Subject: |
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Guest,
Thank you for the information on the bad check fraud. I will definitely pass the information onto the company
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bdouble
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Posted: Tue Jul 11, 2006 1:06 pm Subject: |
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Remember, though..If it's an internet lender, you didn't even write a post-dated check!!
_________________ "It's a treat, being a long-distance runner...."
Allan Sillitoe, The Loneliness Of A Long-Distance Runner
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finsfan13
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Posted: Tue Jul 11, 2006 1:07 pm Subject: POSTDATED CHECKS |
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| Quote: | Postdated Checks:
Section 3-104(2)(b) of the UCC, defines a check as "a draft drawn on a bank and payable on demand." A postdated check, since it is not payable on demand, does not satisfy this demand. Consequently, it has generally been held by most states that the giving of a post-dated check does not constitute a present fraud nor is it within the scope of the bad check laws |
Most checks given to pdl's are postdated.
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GUEST
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Posted: Tue Jul 11, 2006 1:09 pm Subject: Pre Litigation |
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First of all I don't appreciate being threatened at work with arrest.
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bmoore_731

Joined: 30 Mar 2006
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Posted: Tue Jul 11, 2006 1:09 pm Subject: |
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Guest,
most checks given to Store front pdls are post dated..When taking a loan from an internet lender there is no check writing involved...You just give them your account info and they deposit it into your account(savings or checking) and when it comes due they withdraw the amount.
_________________ "It's a treat, being a long-distance runner...."
Allan Sillitoe, The Loneliness Of A Long-Distance Runner
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finsfan13
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