Can you be prosecuted criminally for ..
Date: Sun, 01/18/2009 - 20:30
For example, could the DA in the county I live in prosecute for NSF check writing if the check was written to get a PDL?
Three PDL's I'm dealing with are all legal - Cash Net USA, Cash & Go/First Cash Financial, and Payday One. Istill have to pay back the principal on all of them. One other one is illegal, United Cash Loans.
Cash N Go/First Cash told me they sent it to some collection agency called AIS. I think they're in San Francisco.
Cash Net USA sent me to some bottom feeder collection agency called Tri-Financial in upstate New York. They were totally unprofessional and told me that they can "call me as much as they want" when I told them to not call me at work anymore and that how dare I "make demands".
Payday One - I don't think it has gone to collections yet, but it might have. I need to check with them.
Don't pay the illegal payday loan companies. They have already s
Don't pay the illegal payday loan companies. They have already suckd blood from many. Not any more.
Don't give a bad check to anyone, even if it is a scum pdl. It is better to close your account, if required.
First what state are you in? How much were the loans for and how
First what state are you in? How much were the loans for and how much have you paid back.
A returned check for NSF is not the same as writing a bad check.
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goldenhelmet where ya been?nohiogal is right.are any of these storefront?anyway you can't be prosecuted.ignore the guest.if you owe on any pdl illegal or not you should pay the amount borrowed back.
It sounds like these are internet, yes? And if so, you didn't ev
It sounds like these are internet, yes? And if so, you didn't even write a check in the first place to get the money!! So tell them just to back off, and pay them back on your terms as soon as you can.
Cash Net USA and Payday One are legal internet PDL's. Cash & Go
Cash Net USA and Payday One are legal internet PDL's. Cash & Go is a legal store front. UCL is an illegal internet PDL.
Most states prohibit criminal prosecution on unpaid payday loans
Most states prohibit criminal prosecution on unpaid payday loans, usually it's a civil matter.
Why do people keep saying that Payday One is a legal internet PD
Why do people keep saying that Payday One is a legal internet PDL??? If internet pdl's are illegal in some states, doesn't that make them illegal too? Why are they considered an exception?
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because PAYDAYONE among others won't lend in states that pdl's are prohibited.i haven't seen alot of threads from prohibited states that PAYDAYONE is a loan they have.
To add to Paul, typically if a legal lender loans money to a per
To add to Paul, typically if a legal lender loans money to a person in a state where they are not licensed, it is due to misinformation being provided by the borrower.
I am in KY and internet payday loans are illegal. I have a loan
I am in KY and internet payday loans are illegal. I have a loan through Pay Day One....Originated with Pay Day OK. I was completely honest about where I live when I took out the loan. But, it is no more legal than the other ones I have/had. I don't want people to think they have no leverage with them, at least if they are from KY.
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check your laws.pdl's are not prohibited in KY.therefore if a place has a license in your state and follows the usury laws.they are legal.if a place violates the usury then you have a complaint.do not assume because a loan is internet it is illegal.that is just not true.
Paul is correct loans are legal in KY here are the laws entucky
Paul is correct loans are legal in KY here are the laws
entucky State Information
Legal Status: Legal (Applies to check cashers only)
Citation:
Kentucky Rev. Stat. Ann. ?? 286.9.010 et seq.
Loan Terms:
Maximum Loan Amount: $500
Loan Term: 14-60 days
Maximum Finance Rate and Fees: $15 per $100
Finance Charge for 14-day $100 loan: $17.65
apr for 14-day $100 loan: 459%
Debt Limits:
Maximum Number of Outstanding Loans at One Time: Two ($500 aggregate loans outstanding to all licensees)
Rollovers Permitted: None (cannot renew, rollover, or consolidate)
Cooling-off Period: None
Repayment Plan:
Collection Limits:
Collection Fees: One NSF fee (if disclosed)
Criminal Action: Prohibited
Where to Complain, Get Information:
Regulator: Kentucky Office of Financial Institutions
Address: 1025 Capital Center Drive, Suite 200 Frankfort KY 40601
Phone: (800) 223-2579
Fax: (502) 573-8787
Regulatory Contact: Gary Davis,, Branch Manager
Regulator Website
Licensee Database
Complaint Instructions
Complaint Form Link
From the Kentucky Department of Financial Institutions website..
From the Kentucky Department of Financial Institutions website...
What is a payday loan?
A payday loan, also called a deferred deposit, is issued when a financial institution (a payday lender or check casher) agrees to provide cash in the amount of the customer???s next expected payroll check for a fee. These short-term loans are required by state law to be paid in full before another one can be issued, and customers may only have one payday loan at a time. Internet payday lenders are not regulated in the state of Kentucky and are therefore illegal.
Does this not mean that internet payday loans are illegal??
From the Kentucky Department of Financial Institutions website..
From the Kentucky Department of Financial Institutions website...
What is a payday loan?
A payday loan, also called a deferred deposit, is issued when a financial institution (a payday lender or check casher) agrees to provide cash in the amount of the customer???s next expected payroll check for a fee. These short-term loans are required by state law to be paid in full before another one can be issued, and customers may only have one payday loan at a time. Internet payday lenders are not regulated in the state of Kentucky and are therefore illegal.
Does this not mean that internet payday loans are illegal??
Payday One is legal for my purposes because they are following m
Payday One is legal for my purposes because they are following my state laws - the laws of Oregon. If they are not licensed in another state and not following that state's rules, then they would be illegal in that state.
Debts are a civil matter not criminal. If you have criminal cha
Debts are a civil matter not criminal. If you have criminal charges against you there is more to this story than you are stating.
Quote:I HERE THAT YOU CAN NOT BE CRIMINALLY PROSECUTED FOR A PAY
Quote:
I HERE THAT YOU CAN NOT BE CRIMINALLY PROSECUTED FOR A PAYDAY LOAN. WELL GUESS WHAT? I WAS........THE LOAN COMPANY WAS CALLED QUICK CASH AND THE LOCAL COUNTY DA CAME AFTER ME, HERE IN CALIFORNIA. I WAS DISTRAUGHT SO I PAID ALL FINES/FEES AND HAD TO TAKE A BAD CHECK WRITERS CLASS. HOW DO I DISPUTE THIS? |
Interestingly enough the CA pdl laws (below) specifically state that criminal prosecution is prohibited. Did you write more than one check and not honor them? What exactly are the particulars?
[quote]
California State Information
Legal Status: Legal
Citation:
Cal. Fin. Code ???? 23000 to 23106
Loan Terms:
Maximum Loan Amount: $300
Loan Term: Max: 31 days
Maximum Finance Rate and Fees: 15% of check
Finance Charge for 14-day $100 loan: $17.65
apr for 14-day $100 loan: 459%
Debt Limits:
Maximum Number of Outstanding Loans at One Time: One
Rollovers Permitted: None (cannot charge fee for extension)
Cooling-off Period: None
Repayment Plan: Voluntary (no fees may be charged in conjunction with payment plan)
Collection Limits:
Collection Fees: $15 NSF fee
Criminal Action: Prohibited
Where to Complain, Get Information:
Regulator: California Department of Corporations
Address: Financial Services Division, 1515 K Street, Suite 200 Sacramento CA 95814
Phone: (866) 275-2677[/quote]
why me posted on another thread with a similar yet different st
why me posted on another thread with a similar yet different story. Just some troll.
kfstaff - I do NOT have criminal charges being filed against me.
kfstaff - I do NOT have criminal charges being filed against me. I was posing a HYPOTHETICAL question. Obviously, if I were being prosecuted, I would have my answer and wouldn't need to pose the question.
Writing NSF checks - say to a grocery store or other business, for example - can very definitely be prosecuted criminally in the county in which you live. It's up to the discretion of the DA.
It depends on how you define "debts". If you define "debts" as writing NSF checks, then you can be prosecuted. I was merely trying to make sure that PDL's could somehow be construed in a similar way. I'm pretty sure they can't, but I was trying to make sure for my own peace of mind.
Goldenhelmet my comments were directed to the poster Paul delete
Goldenhelmet my comments were directed to the poster Paul deleted. You can see their comments in quotes that Shazzers posted under mine. See Paul's comment above yours that he deleted a post. Sorry for the confusion.
Goldenhelmet, Don't worry, PDL companies give up thier "right
Goldenhelmet,
Don't worry, PDL companies give up thier "right" to persue criminal charges on loans due to the understanding that we are accepting a bad check to begin with.
Hi Goldhelmet, If I understand you correctly, you are asking
Hi Goldhelmet,
If I understand you correctly, you are asking if a check written for a PDL can be criminally prosecuted. The answer, according to the FDCPA, is no.
If you write a bad check, it is fraud, it is a criminal matter. It is not a debt unless it is ???a postdated check presented in connection with a payday loan, or other similar transaction, where the payee of the check knew that the issuer had insufficient funds at the time the check was made, drawn, or delivered.??? 15USC??1692p(b)(1) or ???a stop payment order where the issuer acted in good faith and with reasonable cause in stopping payment on the check.??? 15USC??1692p(b)(2) [FDCPA codes]
Many of these online PDLs require people to be ignorant of their rights in order to get away with what they do. Know your rights! Defend your rights!
chrys
