PDL Texas

Payday lending is legal in Texas. As far as I know, Cashnetusa and Payday One are legal in Texas. However US Fastcash and Assurance may not be licensed to operate in your state.

I took out a payday loan 2 years ago and last year August, 2010. I lost my job. I had to stop payment on my ach withdrawals for my loan. I tried to work out a plan but they would not hear of it. I have very little income coming in. They have been calling me and my sister and said yesterday they are charging me with check fraud. I talked to my Bankruptcy lawyer and they told me to ignore this. They said because it wasn't an actual check they could not do that. I'm not sure. It is $1100.00 I owe. I told her I could possibly pay $50.00 a month but that wasn't a sure thing. She said I would be charged with a felony. This lender is Think Cash in Georgia and I live in Kentucky. Can they charge me with a felony?

no.in fact listen to your BK attorney.if they are part of your petition then they are actually breaking the law.also owing any pdl is not a crime so no they can't charge you with a crime.last thing if they are part of your BK do not pay them a dime as again threatening you with a crime for a debt is against the law.ignore whoever is calling and saying that.

In Texas if it is a storefront loan done with a check, they can turn it over to the local Distrcit Attorney, although most of the time they will not. If it happens to get turned over, the company then has to prove you intended to defraud them, not that you just got to where you couldn't pay. That's the kicker and why most will never attempt it. I have a couple now that seem though they are about to actually file civil suits, so today I'm going to be looking into IF they file and win a judgement does my bankrupcty (which will not be filed for at least another month) will clear those as well, or if I need to delay the court dates until I can finish paying the lawyer to file the CH.7 paperwork.

Thanks for your response. Made me feel a lot better, but, I got another call and I told them I had filed for BR. She informed me that didn't matter. I could not file on a check fraud. I did not right a check only agreed to ach withdrawals. I am so scared. I have never been into any thing like this. I have lost so much sleep over this that friends are starting to ask me if I am sick. I don't want to worry my Husband because he is ill. A car accident is why I borrowed this money to begin with. I had every intention of paying it back, but like everyone else that lost their job I can't. What should I tell this woman. She identified herself as Detective Adkins and said I was being investigated for check fraud. I googled the number and looked at the post. Most said it was not legit but there were a few that said this Co. has taken action. One guy wrote he was served papers and had to come up with bond money.. I don't have any money. Please help me as what to do if she continues to call..

What was the number?
First off, in Texas they cannot pursue criminal charges for default of an internet loan. Period. Second, if this person said they are a Detective and said that about check fraud then she is in severe and direct violation of the FDCPA and Texas Collection Laws. Report them to the FTC, the Texas Attorney General ASAP. You may even want to contact local authorities and see about pressing charges for impersonating a law enforcement official and harassment.

As far as the BR, there are certain restrictions for PDLs and BR, but if I recall correctly it's only a time issue. Basically you can't take out 20 PDL's and file the next day. It has to be more than 30 or 60 days or something like that since you took the loan and when you file. I have spoken with my BR attorney about this at legnth. The ONLY way they have any way around it is IF you wrote them a post dated check (which you did not) and they turn it in as a bad check. It has to be a paper check, in your writing, signed by you. Then they can attempt to make a criminal case for passing a bad check, but have to prove you intended to defraud them. Otherwise in Texas they cannot do anything else except file a civil suit for the $. If they do this, your BK attorney can file a motion stating you are undergoing BK and this is included so they cannot pursue it in civil court. If your like me and filing ch. 7, and paying out installments before they will actually file the BK, you just have to find a way to delay them until you finish paying it off and have it filed.

The number is 877-206-8031. Said her name was Investigator Adkins. She said i was being investigated for check fraud that was associated with my SSN. She asked me for it and I told her no. She said that's alright I have it here anyway. She went on to repeat it to me. She also knew about a Disability ck. my husband receives. She said I would be charged with a felony because I stopped pymt. on my loan. I do not have any money to pay it. She said since my bank sent it back as Account Closed it was check fraud. There was no CHECK, on an ACH withdrawal.She also said I couldn't file BR on a pending Check Fraud. I am terrified.

I live in Kentucky and the loan is from Georgia. It was a place called Think Cash..

Oh Yea.. She went on to read me my background history and told my I had a clean background and would hate for this to go on it as a felony.

Well, background information is easy enough to get on people. With just a little info, and a little $ I can get all sorts of information legally on a person. Now, threatening you with criminal charges is entirelly not legal.

http://www.kfi.ky.gov/faq.htm

http://www.georgia.gov/00/article/0,2086,43414745_46389324_70709483,00.html

This started out as a payday loan from Think cash/First Bank of Deleware. Are they legal?

2 years ago, ThinkCash was FBD was it not? Which was an installment loan backed by a bank, not a payday loan. Your BK attorney is right about the check fraud thing but, I would just make sure you include this in your bankruptcy. That way, if they continue to call THEY are the ones breaking the law.

In DE yes, but from my quick reading of KY laws, no. You may want to check further into though. I thought you said it started as a loan from Georgia? Either way, the person that called you needs to be reported.

Now, I am not 100% up on each states laws but I can tell you with 99.9% certainity she is full of crap and trying to scare you into paying. You are not filing on check fraud, since you did not write a check. You are filing on a loan you defaulted on. Simple as that. Again, report this person/number/company quickly. The number shows there are multiple complaints for the same scare tactics they are trying with you.
Curious though, did you close the account or stop payment on it? Or was it closed/returned due to insuffient funds? I know I had one closed for neg balance for a few months after PDLs were ripping through it faster than money going in. The bank did it, not me.

OhioGal, their already breaking the law by threats of criminal charges and inpersonating a law enforcement official. I'd report her/them, and when they call back tell her to meet you at the local PD office to serve you with the papers. No way they will actually show, and if so have her arrested for impersonation lol.

I just had them to stop payment and to not let anymore of their ACH withdrawls to be honored because I didn't have enough money in my account and I was having to pay insuffienct funds fees. And since I didn't have a job I had to have the money for food. Yes it is the Bank of Deleware, but when I looked up the phone # of the "so Called" collection firm it said it was from Georgia..She called again 1 hour ago and left a very nasty message I did not answer it. If I don't talk to them for a day or two they call my family. Who do I need to report this too.

How do I find out if this was legal in my state of KY.

Go to the KY website I linked. Look around on there and see if there is a link to a list, or a search feature (most states have) for licensed lenders. Or you can call the state and ask. I'd still report to the AG/FTC and next time they call tell them you are not dealing with them any more until you hear back from your states AG and receive guidance from them on how to procede.

Your original contract was with a bank so, it is legal in all states. You're still going to need to pay this off. Selling the paper doesn't void the contract. I would file complaints as suggested above and send a letter to the collection agency letting them know you've filed the complaints and will not deal with them until you hear back, as JK suggested.