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A payday loan is a check and you can be charged with a crime

Date: Wed, 01/30/2008 - 07:12

Submitted by anonymous
on Wed, 01/30/2008 - 07:12

Posts: 202330 Credits: [Donate]

Total Replies: 51


Thinking of defaulting on your pay day loan? I suggest you don't do it, because you will be guilty of passing a worthless check. Unless you are looking forward to being arrested at work and doing the perp walk, you best send that money you owe in right away. My company will prosecute you and send you to jail.

You signed a contract. Meet your obligations. Jail isn't fun.


OH BROTHER,WHERE TO BEGIN? FIRST AN ACH OR ELECTRONIC DEBIT IS NOT A BANK DRAFT.SECOND THERE IS NO SET LAW THAT STATES YOU CAN BE JAILED FOR A BOUNCED ACH DEBIT.THIRD YOU SOUND JUST LIKE COLLECTION SLIME WHO CALLED LAST NIGHT. GO NOW PDL SPY,YOU HAVE PEOPLE WHO AREN'T AWARE OF THERE RIGHTS TO THREATEN.


lrhall41

Submitted by paulmergel on Wed, 01/30/2008 - 07:19

( Posts: 15514 | Credits: )


Good Advice! You are also too precious for words!

Another slow day at the CA? I wish I could fun out which one you worked for, would be interesting to see how many times it has been sued for fdcpa violations!


lrhall41

Submitted by FloridaRon on Wed, 01/30/2008 - 07:28

( Posts: 1190 | Credits: )


yeah, lets completely ignore the fact that most payday loan companies act illegally because they arent even licensed to do business in the states they make loans in......let's just ignore that one completely, mmkay fellas?

When you didnt even act legally in the course of lending the money, you dont have any business speaking to anyone about what they legally can/cannot do after the fact. Whats also funny is that court after court, time and again, have voted with their rulings...and their decisions strictly contradict what this clown is saying. I sincerely hope no one actually read that post and believed that crap.


lrhall41

Submitted by skydivr7673 on Wed, 01/30/2008 - 10:12

( Posts: 2036 | Credits: )


ANOTHER POINT,IF A ACH COMES BACK FOR THE FOLLOWING REASONS.

A)YOU ATTEMPTED A DIFFERENT AMOUNT
B)YOU ATTEMPTED TO DEBIT ON A DIFFERENT DAY
YOU SEE,THESE ARE THINGS ARE AGREED UPON IN ADVANCE.I DON'T SEE ANYTHING IN YOUR DRIVEL ABOUT THAT.AS I SAID BEFORE,RUN ALONG,YOU HAVE INNOCENT PEOPLE TO THREATEN. :lol:


lrhall41

Submitted by paulmergel on Wed, 01/30/2008 - 10:49

( Posts: 15514 | Credits: )


:yawn: I am fairly well versed with laws that apply to this situation. To pass a worthless check where it would be considered a offense worthy of arrest you would have to be drawing items on a closed account or a account that no longer exists. Even then the "victim" and law enforcement would have to prove criminal intent (this is generally supported if there are multiple instances of this or if the check is for a rather large amount, meaning something that might constitute grand theft) even then a judge would only issue a warrant for your arrest and they would only pick you up on it if they catch you doing something else (like on a traffic stop for speeding)

Most of time the only thing the merchant can do is file a civil complaint with the Magistrate's office in which they will be brought before the Magistrate where the plaintiff and defendant both get to plead their case and the magistrate makes a ruling based on the facts presented. This of course all falls under a civil suit as most debts are civil matters, not criminal.

In short, your wrong.

Have a wonderful day


lrhall41

Submitted by JCEMT on Wed, 01/30/2008 - 14:09

( Posts: 2934 | Credits: )


Quote:

Thinking of defaulting on your pay day loan? I suggest you don't do it, because you will be guilty of passing a worthless check. Unless you are looking forward to being arrested at work and doing the perp walk, you best send that money you owe in right away. My company will prosecute you and send you to jail.

You signed a contract. Meet your obligations. Jail isn't fun.



No sh*t! Really?

Okay, pinhead, let me 'splain to ya about things that aren't fun, okay? Getting your ass handed to you in court on illegal business practices, fdcpa, civil harrassment, and possible fraud charges is not fun. Getting your ass stomped in an alley because you screwed up and threatened the wrong people is not fun.

The 'perp walk'? Dude, grow up. And while you're at it, rent some manners somewhere. Otherwise you might just find yourself doin' the 'man-with-no-kneecaps walk'. We understand each other, right? :)


lrhall41

Submitted by unclewulf on Wed, 01/30/2008 - 16:53

( Posts: 3172 | Credits: )




Uh huh, that's the reason they only threaten people on the phone, they know damn well they show up in person and start talking like that there's a pretty good chance the least of their problems is getting their *ss kicked, where I live they have a pretty good chance of becoming a gators midnight snack.

The poor gator would probably get sick.


lrhall41

Submitted by LoneGunman on Wed, 01/30/2008 - 17:17

( Posts: 223 | Credits: )


I am laughing my butt off here. Good Advice must not realize that we are all laughing our butts off at him. Must come here cause nobody buys his crap anymore. Feeling a bit insecure good advice man???Nobody wants to talk to you anymore, boo hoo. Take your bs somewhere else. Volly, love the recent topics wrap-up, too funny!


lrhall41

Submitted by stargzr on Wed, 01/30/2008 - 20:29

( Posts: 268 | Credits: )


I hope good advice uses all the tips he's getting here. Personally, I think he is here because he's lonely and depressed. He may need professional help. With so many people getting wise to the true nature of payday loans, he may be losing customers and not getting much new business. The prospect of having to go out and get a real job is probably pretty scary, especially in this economy. Besides, how would he explain the duties of his current position to a prospective employer? "Well...I..Uh..helped customers get small loans and collected huge fees for the service. I threatened customers with jail when they refused to pay the high fees eventhough they paid back what was legal. I harrassed my customers family and friends about the illegal debt. I debited my customers checking accounts illegally as often as I wanted and tried to damage my customer's credit history." Now, does this sound like someone a legal employer would want to hire?


lrhall41

Submitted by annie340 on Thu, 01/31/2008 - 04:56

( Posts: 96 | Credits: )


Can't say much about the storefront PDLs', but many, many of the internet ones aren't even located in this country, AND - as I've heard from representatives of my state government - they are illegal! These companies misrepresent themselves to the public, their websites for the most part do NOT list States where it's illegal to use their services (as legitimate businesses would do), and so on. And then they have the.... I'll be polite and say "guts"... to go on TV all dressed up and happy-looking, to tell us how wonderful payday loans are? Uh-huh.


lrhall41

Submitted by on Thu, 01/31/2008 - 05:27

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ANOTHER POINT,SEEING AS THOUGH WE ALL HAVE DEFAULTED ON PDL'S WOULDN'T WE ALL BE IN JAIL BY NOW? JUST ASKING. :lol:


lrhall41

Submitted by paulmergel on Thu, 01/31/2008 - 05:29

( Posts: 15514 | Credits: )


Yeah, he should try cash n minutes. :lol: I remember that thread with litigation of theft arbitration. :lol: I also remember calling LTA and got their voice mail, talk about over the top acting and trying to hard for intimidation. Sounded like Vin Diesel and Darth Vader had a kid together. :shock:


lrhall41

Submitted by JCEMT on Thu, 01/31/2008 - 11:07

( Posts: 2934 | Credits: )


Don't most States specifically prohibit criminal prosecution of PDL debts? And don't forget the "intent" portion of the laws. The PDL would have to prove that you knowingly intended to pass a bad check at the time that you took out the loan. At least that is my understanding.


lrhall41

Submitted by on Thu, 01/31/2008 - 11:34

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":yawn: I am fairly well versed with laws that apply to this situation. To pass a worthless check where it would be considered a offense worthy of arrest you would have to be drawing items on a closed account or a account that no longer exists. Even then the "victim" and law enforcement would have to prove criminal intent (this is generally supported if there are multiple instances of this or if the check is for a rather large amount, meaning something that might constitute grand theft) even then a judge would only issue a warrant for your arrest and they would only pick you up on it if they catch you doing something else (like on a traffic stop for speeding)"

jcemt good for you in your school studies young man!!!


lrhall41

Submitted by socksfullofrocks on Fri, 02/01/2008 - 01:17

( Posts: 488 | Credits: )


:D Most of it comes from self study. I also pick up a few things here and there from my brother (who is a police officer) I know that in even the small town I live in the police are WAY too busy to worry about pursuing something like a bad check complaint. (and 9 times out of 10 those are civil complaints)

Also, one thing that PDL companies need to realize: It doesn't matter what is in the contract, nothing noted within the contract can supersede state or federal law.


lrhall41

Submitted by JCEMT on Fri, 02/01/2008 - 05:40

( Posts: 2934 | Credits: )


That's funny I have 2 payday loans outstanding from 4 years ago that I am now paying off and I have never been in handcuffs...well at least not legally ;-)


lrhall41

Submitted by brian446fsu on Mon, 02/04/2008 - 17:58

( Posts: 20 | Credits: )


Nice try my Indian friend, CA state law prohibits criminal prosecution for PDL, or THREATS of criminal prosecution. I wish I knew that today when they called telling me I'd be arrested tomorrow! LOL


lrhall41

Submitted by on Thu, 02/07/2008 - 16:30

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First......I wanna say 'HELLO" to all of those I haven't 'met' yet. And, of course..those I 'see' on here on a regular basis. I love coming to these forums!! Has anyone noticed ( I'm sure they have) that the Post ( that started all of this) is written by someone who refuses to give a 'name' or ID?????MMMMMMMMMMM........amazing (NOT!!LOL) I see everyone 'dove' into THIS conversasion. ANY PDL is bad.....going to jail for it?? I don't think so. As I agree with SOOO many of you....how can PDL's charge such a high % rate? This Thread can last for decades..LOL


lrhall41

Submitted by sdchargers_63 on Fri, 02/08/2008 - 02:26

( Posts: 1798 | Credits: )


I love Big Love too! I guess all of us great minds think alike. Funny that the person that started this thread meant to intimidate and scare people and instead it has brought all of us together for fun conversation and defense of those that believe these slimeballs! I hope he sees that it didnt work here.


lrhall41

Submitted by stargzr on Fri, 02/08/2008 - 22:53

( Posts: 268 | Credits: )


I suppose, every thread 'we' come to, we can learn from. Especially those who start these threads.....those who think they are 'getting away with something. Ya know?


lrhall41

Submitted by sdchargers_63 on Sat, 02/09/2008 - 02:49

( Posts: 1798 | Credits: )


This is boring.............................................I thought that in order to press charges for a worthless check you must write a check. In the payday lending business, you do not write a check(unless it is a store front), I guess I need to stop working on my second master's degree now.


lrhall41

Submitted by wssu92 on Thu, 10/09/2008 - 04:31

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