Legal Question in Credit and Debt Law in Virginia

Cash advance laws

My question is regarding cash advance payday loans in Virginia. Over the summer I had to get 2 cash advances one in June and one in August. I lost my job and did not recieve my child support like i was supposed to. It caused the checks to be nsf. I was contacted by legal mediations and they said it has to be pd in full and i don't have the full amt. they won't take payments. they said they can prosecute me criminally is this true. i have never been in trouble before and im going to nursing school and don't want this to jepordize my career. im willing to pay payments on this act but they refused. how will the court process work? will they just put a judgment on me or can this be something i could get arrested before.


Asked on 5/02/06, 1:31 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Cash advance laws

You could only be charged criminally if it could be proven beyond reasonable doubt that you knew when you wrote the checks that there would not be sufficient funds in the account to cover the checks and that your intent was essentially to defraud the payees on the checks.

Otherwise, it would be a civil matter which could be pursued by the creditors through the regular channels by which such debts are routinely collected, including the possibility of obtaining a judgment against you for the amounts of the loans which remain unpaid.

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Answered on 5/03/06, 9:49 am


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