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lOUISIANA LAW

Date: Wed, 01/21/2009 - 11:48

Submitted by mommytobroc
on Wed, 01/21/2009 - 11:48

Posts: 3 Credits: [Donate]

Total Replies: 5


My husband took out a payday loan from Alstate credit plan. It was 270.00 that we have to pay back. We have payed 45$ to roll it over some months, but not they are telling us that its a felony to owe them money. The women are saying that now we can both be charged with a felony because of non payment. Can my husband or I go to jail for this? He wrote the check out to cash, the other payday loan company, just went cash the check, these people wont even try to cash the check


I am a little confused.

You took our the payday loan for $270 but you have only paid $45? Your husband wrote the check out to "cash" but they won't cash it or did they try and cash it and it bounced?

Here are the laws for LA



Criminal action on a debt is prohibited. You can not go to jail.

I will see if I can find out some information on Allstate Credit Plan.


lrhall41

Submitted by nohiogal on Wed, 01/21/2009 - 11:54

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The total that we have to pay back is $270.00. When the due date came up and we couldn't afford it we asked if they could help out. They told us to pay them $45.00 that would cover the finance charge. They will not help us out the payment plans or anything, they just want the 270.00 now. She gives us until Monday to pay them off, or shes sending it to the DA's office, stating that its a felony to not pay them off.


lrhall41

Submitted by mommytobroc on Wed, 01/21/2009 - 11:57

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You can not be arrested.

The worse that is going to happen is they try and cash the check, it bounces and then they can attempt to take you to a civil court and get a judgement.

Did they still have the original check you wrote them? He made the check out to "cash" and not the the company name?


lrhall41

Submitted by nohiogal on Wed, 01/21/2009 - 12:02

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Well then that is most likely why they have not cashed it yet. The only way I think you can cash a check made out to "cash" is at your own bank and with an ID.

As I said they can't arrest you.

What they can do is file a claim in civil court against you to garnish your wages for the money.

It costs them money to file and even if they garnish they don't get it in a lump sum. I believe they can not take more than 25% of your pay per payday.

So it you make $200 a week they can only take out $50 per pay to go torwards the judgement.


lrhall41

Submitted by nohiogal on Wed, 01/21/2009 - 12:29

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