Legal Question in Criminal Law in Florida

payday loans

i would like to know if i received a payday loan and for whatever reason notified them that i could not pay it all back at once and tried to set up payments for this particular account only to have it refused can they take me to court for a worthless check because they loaned me money on a check that they were well aware the money was not there cover it and now they refuse to accept payments and now they are calling my job continuously threatning to have me arrested for a worthless check and i truly don't understand since the loan was predicated on a check where no money was available to begin with.


Asked on 4/08/08, 12:18 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: payday loans

If you can show that they were aware the funds were not available when you cashed the check, then no crime is committed.

However, they can still sue you for the amount of the check (plus triple the amount of the check and other penalties). They must stop calling your job if you write them a letter demanding that they no longer call your job.

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Answered on 4/08/08, 1:26 pm


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