Legal Question in Credit and Debt Law in New York
can a collection or law firm thrown someone in jail for defaulting on two payday loans and disguise it as kitting even after I paid six interest payments before the bank closed my account for the accrued overdraft fees. Didn't I make a good faith effort to repay the loans
Asked on 1/01/11, 6:55 am
1 Answer from Attorneys
Andrew M. Doktofsky
Andrew M. Doktofsky, P.C.
No. Threatening criminal prosecution for failure to pay a debt is a violation of the federal Fair Debt Collection Practices Act. You may be able to sue the debt collector. Writing a bad check can be a criminal violation. However, from the facts you have given, you have not done anything criminal.
Answered on 1/06/11, 7:11 am