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Storefront payday loan threatening legal action over check - help!

Date: Wed, 10/03/2012 - 10:43

Submitted by anonymous
on Wed, 10/03/2012 - 10:43

Posts: 202330 Credits: [Donate]

Total Replies: 3


I took a $500 loan from a storefront company called Austin Finance here in Texas. I wrote a postdated check to secure the loan. The check was returned as being on a closed account.

Now the storefront has sent me the following email:
[FONT=Times New Roman][SIZE=3][/SIZE][/FONT]
[COLOR=black][FONT=Calibri][SIZE=3][FONT=Arial][/FONT][/SIZE][/FONT][/COLOR]
[COLOR=black]I am giving you one last opportunity to pay back the money you borrowed from my office. I have had enough notations made on this account that Parker County Sheriff will pursue this as fraud since you have yet to make your first payment. Hot Checks in Parker County are taken very seriously, even more so when the writer is aware of the issue and makes several promises they have not kept. If payment is not rendered by Friday October 5th, 2012 it will be sent to Deputy DeWitt of the theft division. They will contact you in person at your home or your job. [/COLOR]
[FONT=Times New Roman][SIZE=3][/SIZE][/FONT]
[COLOR=black]Management[/COLOR]
[COLOR=black][FONT=Calibri][/FONT][/COLOR]
Is this legal action they can truly take?

My understanding was that Texas law prohibits hot check prosecution for payday or any other types of loans.

Can they file fraud with the sheriff and have them come to my office?

HELP!!!


I need to add, the account the check was written on was closed before I took the loan. It has been closed since 2008.

I was told I had to write a check for security, and agreed to repay it by money order and just let them "hold" the check. But, they deposited it.


lrhall41

Submitted by on Wed, 10/03/2012 - 10:50

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"Under Texas law, a lender cannot pursue criminal charges to collect on a debt. Also, a payday loan lender is limited as to how many times a loan can be renewed. Currently under Texas law, lenders are allowed to renew a payday loan one time each month."

I would call the original lender and verify placement with this guy who wants your money


lrhall41

Submitted by waffles on Wed, 10/03/2012 - 12:05

( Posts: 1697 | Credits: )


So did they deposit the check before it was due, or where you just not able to pay it and the due date past so they deposited the check? If that is the case, I can see why they would be coming after you. They can't take you to jail but they can come after you for fees and such.


lrhall41

Submitted by davidperez on Wed, 01/16/2013 - 19:07

( Posts: 64 | Credits: )