Pay Day Loan

by Cesar
(Virginia Beach, VA)

A law firm claiming to be Hollander and Schwartz called me and stated it was due to a affidavit being filed against me for fraudulent checks. I explained that i have not written a check since 2007. I only use my check card and credit card. The representative stated I owe 700 to a payday loan provider plus attorney fees. I did use a payday loan in 2007 but to my knowledge I paid it off. I also never received notice of any check bouncing and never received notice from any payday loan center. the representative then asked if I ever received notice. She also stated the wrong address. I stated no. She then said if you do not pay you will go to jail for writing the fraudulent checks. Can I go to jail? Also, she mentioned suing me. I am a full time student and live off financial aid and VA Disability Thanks.

Comments for Pay Day Loan

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Jul 23, 2012
Pay Day Loan

Cesar, if you are being accused of having written writing fraudulent checks, consult with an attorney in your area right away, whether you believe you wrote the checks or not. It sounds like you are about to be sued and if you lose the lawsuit, it's possible that you could be sent to jail although I cannot say for sure as it would be up to a judge to decide your punishment based on the law in your state. Among other things, it would depend on the amount of the bad checks, whether you have written them before, and so on.

For you to be sued, the law firm must formally initiate a lawsuit against you by filing certain paperwork with the court. Then you will be given an opportunity to respond in writing to the allegations against you. Your attorney will prepare your response for you.

Writing bad checks is a very serious offense and if you are convicted of having done so, that information will badly damage your credit history and make it very difficult for you to get credit, rent a place to live, find employment, and get insurance. Therefore, it's imperative that you get legal help. Ideally, with the attorney's help, you can resolve your legal problem outside of court, before it ever goes to trial.

Mar 21, 2013
by: Loveless

Sometimes, it takes a while before a creditor turns a past due debt over to a debt collection agency.

First thing I recommend that you do is to find out if the "statute of limitations" on the debt has run out or not. If it has, you cannot be sued and the collector may be threatening you with a lawsuit in an effort to scare you into paying the $500.00. (If this is the case by the way, the collector has violated the federal Fair Debt Collection Practices Act and you may have cause for a law suit. If you do, go here for free legal advice).)

Contact your state Attorney General's office or the office of a consumer law attorney in your area who helps consumers deal with debt collectors to find out if the statute of limitations on the debt is still in effect.

If it is, then the collector is entitled to sue you for the $500. In that case, if you want to avoid a lawsuit and can afford to, pay the $500. Another option is to find out if the collector will let you pay the money in installments. And another option is to see if you can negotiate a settlement agreement with the collector. When you settle a debt, you pay the debt in full by paying less than the total amount that is owed.

If you work out a payment plan or a settlement agreement with a collector, do not pay any money until you have the terms of the agreement in writing.

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