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CashBiz in TX

Date: Wed, 03/28/2012 - 21:26

Submitted by kdawn03
on Wed, 03/28/2012 - 21:26

Posts: 9 Credits: [Donate]

Total Replies: 6


I live in the state of TX. I defaulted about a month ago on a store front payday loan with Cash Biz aka Cash Zone. I owed $287. I was overwhelmed with about 13 payday loans, I no longer had a paycheck. I wasn't paying mortgage or car notes. So I just stopped paying the all. I started working an payment arrangements with some little by little. Today, I get a summons in the mail from my county court. I called and it was legit. Cash Biz filed criminal charges on my for issuance of a bad check. The clerk told me that I have until April 9th to come in and pay the amount owed or I can pay $50 and they judge will extend payment for me. I thought these companies could sue you in civil court. I didn't know they would press criminal charges on you. I will be going up there to pay because I definitely don't want a Class C Mis. on my record. Have any of you heard of this action before?


I haven't heard of such a case before where a lender filed criminal charges against a debtor. As far as I know, non-repayment of a debt is a civil offence. Its best that you consult an attorney and appear in court on the stated date to find out on what grounds did they file a criminal case. Please keep us updated on this forum and best of luck for your court date.


lrhall41

Submitted by StevenDoyle on Wed, 03/28/2012 - 22:23

( Posts: 199 | Credits: )


my guess is they found out about all of the other loans you had.that is why they did that.jmho,but you should have taken care of the legal loans first as they can do that,or sue you for it.now you have no choice in the matter.


lrhall41

Submitted by paulmergel on Thu, 03/29/2012 - 06:29

( Posts: 15514 | Credits: )


First, Texas does not consider the hot check law to be applicable to checks issued for the payment of payday loans, even if the checks bounce. As of January 2010, Texas has never prosecuted a person for bouncing a payday loan check. This is for two reasons. First, payday loan checks are postdated or set up as an ACH debit based on the date of the customer's next pay date, meaning the both the issuer and the receiver are already aware that the funds are not available as of the date the check is issued and obviously cannot know for certain if the check will bounce.

Secondly, as long as the account was open at the time you issued the check, this cannot be considered fraud (closing the account).

And finally, blankspace, the OP clearly indicated this was a storefront lender. Your post is idiotic.


lrhall41

Submitted by OhioGal1 on Thu, 03/29/2012 - 09:06

( Posts: 5253 | Credits: )


given the fact that the OP had 13 loans out may have come in to play here.fact is the lender is a storefront,legal and they apparently did this so don't know what to tell you.


lrhall41

Submitted by paulmergel on Thu, 03/29/2012 - 10:22

( Posts: 15514 | Credits: )


Actually, I don't think that had anything to do with it. This morning I looked on our county website and CashBiz has over 100 cases pending with various customers. Some owe as little as $100. I think this is just their way of collecting on their debt. Most of the cases were dismissed by the prosecutor, some individuals paid court cost or just paid what they owed. I didn't see any cases where CashBiz actually won a judgement. The majority of my loans were online loans. Most were illegal in my state.


lrhall41

Submitted by kdawn03 on Thu, 03/29/2012 - 14:09

( Posts: 9 | Credits: )