Legal Question in Criminal Law in California

If you had a pay day loan that you had done on line and ant at the time your checking account was active until you lost your job and their was no way to pay back this cash advance, can they are in another state; can they threaten you with saying we are going to press thress charges aganist you 1 with check fraud and some others stuff, but at the time I did have a cheching account and a job can they do this to me are or are they just trying to collect with threats


Asked on 6/22/10, 8:04 am

1 Answer from Attorneys
Christopher Hewitt Law Office of Christopher Hewitt

I worked with Pay Day loans as a debt negotiator many times when I oversaw a debt settlement law practice that also did Bankruptcy work. Usually they are just threatening with these things and if they are making threats about criminal prosecution its a sign of a bad debt collector since its a violation of the FDCPA. I have seen very few cases in california where internet pay day loan companies file court cases let alone go after any kind of fraud since typically they have unclean hands and are in violation of some of California law. I wouldn't worry to much about the threats and would try to work out a settlement with them when you have the money. You can call me if you need help. 415-265-2917

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Answered on 6/22/10, 4:48 pm


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