Legal Question in Criminal Law in Texas
I have a pay day loan I took out a few months ago for $500 plus interest (about $100). I've since paid more than what I actually borrowed. I no longer have the capability to pay anything else on them due to some occurances. My bank account that I used to obtain the loan has been closed so if they run my check it will decline. I was needing to know what to do from here. Can they just put it on my credit or will they be able to file criminal charges?
2 Answers from Attorneys
They may well TRY to have you charged criminally for that (places like this are often very pushy about doing that because they realize that's all they're likely to get out of you, and less than $100 owing really isn't worth pursuing civilly). But to make a criminal case against you, the prosecutor would have to be able to prove that you had criminal intent at the time you took out the loan--meaning that you never intended to pay it back and the plan all along was for you to steal these people's money and run off with it. That just doesn't match up with what happened in your case. Usually, there's kind of a threshold test applied that if you at least made some of the payments, it's not considered to be theft. So I wouldn't worry too much about criminal charges, whatever they may be threatening.
You need to keep/make records of their collection efforts. Keep all letters and make a log of all calls. Time and date of call, your number and what was said.. If the they threaten criminal charges, they are probably violating the the federal or state debt collection practices laws
Suggest you consult a consumer law attorney.
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