Legal Question in Credit and Debt Law in Kansas
If you have a unpaid payday loan from 3 years ago, can a collection agency say they can take you to court for passing a back check
1 Answer from Attorneys
It is nto proper for a collector to threated legal action that they cannot or do not intend to pursue. (When it is the actual creditor, the restrictions are somewhat less.) Generally, an insuffidcient (or ptherwise dishonored) check can be the subject of a civil law suit and sometimes a criminal prosecution. A collection agency cannot falsely threated court action. but, under the facts you described, the recipient or payee of the check (probably the payday lender) can sue the check writer for the bad check. If you are concerned about getting sued, you should consult directly with an attorney in your area. Many offer a free or low cost initial consultation. You need to dicuss the specific facts of the case, rather rely only upon a general answer to your generalized posting here.
Good luck
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