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Texas "theft by check"

Date: Mon, 10/31/2011 - 10:26

Submitted by abjones04
on Mon, 10/31/2011 - 10:26

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Total Replies: 3


I am located in Texas. I closed my bank account and I have six payday loans. I am writing up letters to send to them certified mail. Here are my questions.

1. Two of the places have checks (the rest are online). I talked to one place on the phone (Cashmax) at the storefront and the lady said to just come in and pay the renewal fee and the company will never have to know the account is closed. I think she was talking about using the same check over and over? What's up with that? I don't feel comfortable doing that.

2. Can I be prosecuted for hot checks or "theft by check" in Texas for these payday loan checks? I think one of the checks doesn't have a date. The manager at the storefront Check n Go I went to said I would be charged with "theft by check".

3. Do I send the letters (revoking ACH and wage garnishment) and monthly payments (money orders) to the corporate offices, the storefronts, or both? All but one of my places is legal. I have a different letter ready to send to the illegal one.

4. After I send the letters and proceed to send them payments every month by money order is there anything else I need to do to cover myself?


Thanks for your help.


Checks written for payday loans are specifically not included in the theft by check law because, the lender KNOWS that the funds are not available at the time the check is written. It's more of a loan contract/promissory note than a check when it's for a PDL.

It's not like going into a store, buying a TV and writing a hot check for it. Totally different.


lrhall41

Submitted by OhioGal1 on Tue, 11/01/2011 - 06:48

( Posts: 5253 | Credits: )