Bro arrested for PDL check fraud!!!

Rene,

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

Thx

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

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.

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.

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:

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.

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

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.

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?

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

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.

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.

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.

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.

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.

My ex-husband got his sent to the DA's office for a check to a gas station for $32.00 that was returned by his bank d/t insufficient funds.

It's not allowed in Michigan either, and I was wrong..$500 is the felony amount here in Mi. I really wonder if someone is trying to scare us.

Something doesn't sound right!

I agree with you Finsfan, somebody is just trying to put fear into people. Even if you have passed a bad check worthy of a felony charge the person is given the chance to make good on it before charges are pressed. Majority of the states have consumer protection laws protecting people from such actions in a pdl situation. In OH it is considered an unsecured debt.

You should be punished for stealing money from these people. Why cant you honor a contract and pay them back? Sure there are some fees, but only when people try to wait MONTHS to pay loans back. They gave you the money when you asked for it, pay it back like you promised. If most of you would spend as much time trying to make extra money as you do trying to wiggle out of debt, you would never owe a penny.

RW,

Thanks for the tidbit of a information. You just made my day.

If PDL didn't try to suck money out of us and followed the law, it would be a lot easier to pay the entire amount when it is due.

Thank you for your intuitiveness RW. You simply amaze me.

Is it possibly because he gave them a couple of bad checks? I know that bad checks can be prosecuted.

Rene, were the loans your brother had with ACE Cash Express in Dallas, TX? Because if they were, they are a store-front payday loan and will send the debt to the DA's office for criminal prosecution as a bad check. I had a friend who had a loan at ACE and she couldn't pay it. They sent it to the Dallas County DA's office and she was arrested.

Rene, were the loans your brother had with ACE Cash Express in Dallas, TX? Because if they were, they are a store-front payday loan and will send the debt to the DA's office for criminal prosecution as a bad check. I had a friend who had a loan at ACE and she couldn't pay it. They sent it to the Dallas County DA's office and she was arrested.

guess it is true............... sad to hear

Quote:

RW is incorrect in his assumption that we are trying to wriggle out of what we owe. The vast majority of us here are trying to pay our debt fairly by paying what we owe, the PDL's that don't work with payment plans, and constantly over charge the interest, over debit our accounts and over charge in fees are what makes it hard to do so. I wonder if RW has ever struggled to pay his bills? RW- None of us here intended to not be able to pay, we just got caught by unwise choices and life decisions that have catapultted us into the PDL trap, we are going to get out from under it and not by not paying but by paying what we owe even if not all in one lump sum.

Tasha thanks for posting that, TX isn't specific with it's avenues for collecting on pdls. It looks like that is one of the state's that allow store fronts to prosecute.

im glad im in CA!

i would be P*****g bricks.......

I am surprised to hear that you brother was jailed for theft as opposed to back check charges. You can look up the state code for the charge(s) in the State Code books (i.e., Georgis State Code Book(s)) at the local library. You may want to ask the librarian where they're located & assist you if you've never looked at one. The state code number corresponds to the charge description spelled out in the Code book including limitations of penalties and legitmate criteria for any particular charge.

Tasha, I'm glad I'm in CA too!!! :D Where are you located?

lol.......... well this is not funny for him at all....im in Fresno you?

duuhh. Concord hey at my job we are doing a focus group about moms and household products they will pay you 75.00 for 90 minutes of you time. all you have to do is attend a focuse group it will be 10/24 or 10/25 at 5pm and 7pm. I you give me yor number I can call call you and screen you to see if you qualify..... so if you want i can call you tonight at 5 or 6 tonoght to screen you to see if you qualify it takes 10 minso pm you number if want.

kscornell & tasha,
I'm so very glad we're all in (North) CA, Im in Davis. We have the very best laws to protect us from these PDL jerks.As usual, CA rocks!

Yea..........! CA rocks "we rock tha house" Ya dig.....

ps fresno is northern CA

also im not stupid just a lil siliy ....lol

I understand some of you want to pay but why do you get to sign a contract with specific terms and then decide how much you want to pay and when later? And you do it without even talking it out with the company. It's like ordering an $80.00 steak at a restaurant that you cant really afford but you eat it anyway. Then, when the bill comes, you either run out or tell the waiter you'll be back to make 10 payments of $8.00, but not a penny more. To all the PDL customers who feel that the lenders are cheating them, newsflash: most of you are no better. Feel free to post replies such as "Thank you for your intuitiveness RW. You simply amaze me" but it sounds like you really do need basic, simple concepts spelled out for you.

Yep, Northern CA does rock GO A's!!!!!!! Had to get that out. And RW, noone here is trying to skip out on an obligation so your comparision of skipping out on a restaurant meal doesn't have any merit here.
What I do object to is unscrupulous collectors actually calling people at work telling them that the sheriff is coming to arrest them, among other lies they tell. Now I ask you would any other business that is on the up and up do this? Of course not. I always thought that this went out with the old gangster movies but there are people out there who would stop at nothing.
People here are good people who got in too deep with PDL's, myself included and are trying to clean up their messes without being tossed out on the street-at which point, noone's getting paid, right?

How wonderful! RW quoted me! AWESOME!!

Tasha..You are too doggone cute. I mean that..I don't think I've welcomed you yet...I'm glad you're here.

RW...I think I can speak for everyone when I say that the intent for all is to pay the loans back.

No one is laughing maniacally over screwing a PDL company...These are dangerous things, ethical and LEGAL treatment is what people here want, and deserve. Sometimes people fall on hard times, and that's why they take the loans in the first place. Everyone just wants to pay back what they OWE, not a bunch of exorbitant fees.

You are right finsfan. I believe the majority of people here have paid their loan back and more. Most have paid quadruple back on the principal. IE: You borrow $300 and then ended up paying back $1500. Something is wrong there and it seems like predatory lending. Often, and this was my experience is that when you attempt to pay the loan back without having reoccuring charges which are illegal, these companies make it difficult for you to contact them and it is too late because they have already started taking additional money out of your account. The bottom line is this there are laws that protect consumers and it is every individual's right to exercise their rights afforded to them. Nobody here is stealing money or trying to get something for nothing. It is funny that when the consumer takes charge of the situation, such as closing an account the pdl comes out of the wood work. And the horrendous and illegal threats they make are ridiculous.

I agree. I remember from my own experience that these companies for the most part made it nearly impossible to pay them off. I always thought they didn't WANT you to abide by the contract, that way they could charge even more fees. I don't even want to think about what I paid...I had 6 loans, 5 of them $200 loans, one of them $300. That's $1300..I don't want to do the math here, I paid one of them alone over $1800!! You hit the nail right on the head when you called it predatory lending, Steelers.

RW, the issues discussed here are not that people are signing contracts and then arbitrarily deciding how much and when they will pay. The majority of people here have paid well in excess of what the lenders are allowed to charge by law (hence their contract was illegal and unenforceable in the first place, i.e not worth the paper it was written on).

Illinois for example, has recently enacted some stringent regulations on PDL. In response, the PDL's simply renamed their offering so it would no longer be regulated. You talk about ethics and responsibility, what is ethical about their behvior solely for the intent of charging greater than the allowed interest rate and skirting other laws and regulation in place to protect your consumers?

Recently there have been a few people who have come here soon after taking a PDL either from a Storefront or Internet lender, and sought information on using the laws to protect them from their obligation sometimes even before one payment has been made. I feel I can speak for the community when I say this behavior certainly is not condoned, nor is it what the members seek to encourage. Often times, people sign extortionate contracts out of desperation and seldom give a second thought to the costs until interest and fees have mounted, and in many cases lives have been ruined.

I have NO objection, and as a matter of fact I believe any one who borrows money or purchases goods or services on credit should repay their creditor the principal amount they borrowed, as well as any interests or fees as allowed by law but not a penny more.

That RW, is what the true discussion here is about. These discussion are NOT about using laws to avoid your responsibility, but rather using the laws and your rights to fulfill your responsibility.

As for my PDL, I know what my debts to the 4 companies are and I made the mistake of getting mixed up with the scum HOWEVER I do not have time to deal with their scare tatics and harassing calls. All I can afford is to pay them is $10 a month until the debt is paid and yes that is on my terms, deal with it or don't deal with it is my attitude to this so called industry, they can't kill me and they can't put me in prison.

If a bad check is allowed to be presented to the DA's office for prosecution, then you can be picked up and taken to jail for it. Especially after the number of attempts the DA's office will make. Usually it's just a bench warrant. They won't come knocking on your door, but if you get pulled over, you'll have to post bail in the amount of whatever hot checks are in the DA's computer system.

this is true from my understanding as well... the DA will even make arrangment with you.... to pay the balance in full... which is qiuite helpfull... so he must have been completly ignoring the situation.

I regret that I work 4 ace cash express as a store manager. however, to let you all know, ace will prosecute for loans over 90 days. that is no joke, and it is legal, Do not close your bank account or it is considered theft by check.

BS Acehole. You might be able to sue but you can not criminally prosecute.

R.W.,
The payday loan companies in Texas intentionally skirt the law to do their business. The expoit a loophole that allows them to chare 400-500% apr on these loans. You want us to pay people back? All for it if they do the right thing and not exploit the poor working slob who's just tying to make a living.