More about the Cash Advance and Draft Warrant
Date: Thu, 09/20/2007 - 17:44
...4. Filing Criminal Charges - To file a criminal charge, go to the law enforcement agency which has jurisdiction over the location where the check was issued. The following documents must be presented when charges are filed on worthless checks: a. The original check(s) and the original certified/registered mail receipt (green card) from the notice, or the returned unopened envelope containing the notice. b. Names of witnesses who know something about the check. c. The complaint affidavit fully completed and notarized. d. Contracts, receipts or other supporting documents.
5. Do not delay filing your complaint after the seven days have passed or the certified letter has been returned. Promises made by the maker are, for the most part, of no more value that the check itself.
6. Do make sure that the check is stamped by the bank indicating the reason it was dishonored. Without the stamp, prosecution is not possible.
Based on the above info...there is no way they can do anything, because
1) The orginial place where the check was "written" is MD.
2)This was an IDPL. The application was done via fax, and they don't have the original check. The FL 10th District Court says "without the stamp on the check from the bank, prosecution is not possible"..so no stamp, no charge, right? They only have a fax copy of a check.
reply
They have no check. They have a copy of your check not written out to them. Just a copy of a blank check.
6. Do make sure that the check is stamped by the bank indicating the reason it was dishonored. Without the stamp, prosecution is not possible.
That pretty much covers it, right there! Good job doing the homework!
The Florida worthless check law wouldn't even apply to this case
The Florida worthless check law wouldn't even apply to this case.
Florida law does not consider checks or such used to secure payday loans as worthless checks. There are laws specifically prohibiting criminal action taken against a person who defaults on a payday loan. It's not considered that same situation as someone who writes a bad check.
There is no way you can be prosecuted. It is against the payday loan laws in Florida. The worthless check law never even comes into play because it is not considered a worthless check.
Doesn't matter - In this case the pdl emailed her a copy of a me
Doesn't matter - In this case the pdl emailed her a copy of a memo they are sending to the sherrif's office.
She took out the loan in MD. She currently lives in Florida. If it was possible for her to be prosecuted for a bad check, it would be in MD. That is where the "crime" took place. Florida would have no jurisdiction. They are bluffing trying to scare her into paying more money.