Legal Question in Credit and Debt Law in Virginia

About five years ago, I took out an cash advance at a payday loan center. I was unable to repay at the due date. I tried several times to make payments on balance and the company wouldn't accept it. My hours at work was cut and my wife was out of work due to an illness. They would only take the pay in full amount. For five years I never heard anything. I received a phone call from a litigation company stating that they where gonna issue a warrant and charge me with a felony. The advance was for $500 and when I was unable to pay it they were gonna send the check threw my bank. My wife put a stop payment on it. So that made check appear to have a NSF. I never heard anything from anyone until Friday. They demanded a pay in full or I would be sued and have attorney fees. My question is Could I be charged with a felony? Because I tried to make payments and they refused. Should I pay the full balance? Or could they press charges on me?


Asked on 2/14/11, 1:57 pm

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

No, this appears to be essentially still a civil rather than a criminal matter and you would (in my opinion) be well advised to get the advice of an attorney before paying anything claimed as owed on this loan which may no longer

be enforceable due to a statute of limitations or other defense.

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Answered on 4/30/11, 5:18 pm


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