you pay them back with interest. if you cant afford to pay them off, you give them so much $ every 2 weeks to keep your check from being deposited. alot of states have outlawed this-unfortunately Missouri isnt one of them. anyway,my wife left me 4 months ago. we are seperated-not legally though. so it can be said that i got these check loans while still married. i cant afford to pay on these checks no more,being i got left with ALOT of OUR bills. the checks are in my name only. what would happen if i let them deposit them?? i dont have the $ in my account for them to clear. would it be like a bad check and i would have so much time to pay them off? or would i have to go to court for them. the 2 checks i have out add up to $920-yikes, i know. would that be considered a felony if i didnt pay them? how much responsibility of this is my wife's-if any?? i could get on my feet if i got these gone. any help would be GREATLY appreciated. thank you.
2006-07-15 10:57:27 · 7 answers · asked by tnkster71 2 in Politics & Government ➔ Law & Ethics
i suggest that you read the form on the back, here in washington the money tree states that they will not pursue legal action if you are unable to pay back the loan. of course every state is different so i cant guarantee anything, i have never heard of somebody charged with a crime for writing a check for a loan purpose, as it isn't fraud. i would suggest that you call the manager at the store and tell them there is no money in you account, and see if you can't work something out. they obviously know that thier business is giving people money when they have none, so they would probably love to be able to get something back.
2006-07-16 01:20:24 · answer #1 · answered by daniel_97202 5 · 2⤊ 0⤋
Ok. What you didn't say was whether or not the checks were post-dated.
If the checks were post-dated, then they aren't a check within the meaning of the Missouri Bad Check statute. (which can be found at Missouri Revised Statutes 570.120)
If the checks were NOT post dated, but the check loan business agreed to not deposit them, then the procedure and possibilities are different.
IF they deposit both of them at the same time, then the aggregate amount of the checks is over $500. This would make it a Class C felony. A class C felony is punishable in Missouri by prison not more than 7 years.
IF they do not deposit them together, (or within 10 days of each other) then they would constitute a class A misdomeanor (if under $500), which is punishable by a term of jail of up to 1 year.
They also have the option of taking you to civil court, and obtaining a judgment against you for damage of the amount of the check, up to an additional $500, and for reasonable attorney's fees.
I think the idea of consulting an attorney on this is an excellent one. I don't know that bankruptcy is your best option, but that is something to dicuss with the attorney. If you don't know an attorney, contact your local or state bar association for a referral.
2006-07-15 11:50:50 · answer #2 · answered by Phil R 5 · 1⤊ 0⤋
Depending on what state you are in will determine what crime you could be charged with (misdemeanor or felony). Technically, you could be charged, but a lot pf prosecutor's offices won't touch cases that come from check loan businesses. They comsider it similar to failing to pay on any other kind of loan or credit card. I can't say that they won't pick it up and charge you, but it is possible. If your bills are that bad at the moment, you might want to think about filing bankruptcy- this would take care of your issue entirely (assuming you can file before they try to cash the checks, and assuming it's been over 90 days since you wrote them). Talk to a LOCAL attorney about your issue- they may have an idea as to whether your local prosecutor's office will even touch the case. Where I am, they won't unless the check you used was completely forged (then it's a 14 year felony).
2006-07-15 15:09:20 · answer #3 · answered by michattorney 2 · 1⤊ 0⤋
Hello, if the two checks are to the same person( company) the total amount can be added together to make it a felony ( did not chceck the level in MO, but it is in our state)
but even seperately they would be misdemeanors, 2 of them.
if they pressed charges, guess what you are arrested and the amount of the bond to get out of jail just ahppenes to be the amount of the checks.
Next for each check you can get fined up to 1000,00 and get up to one year in jail ( if they are not a felony)
So if they try to cash them, you get over drawn charges at the bank, the check company will have added fees for bad check charges, you will also have additonal fees and court costs.
So you are in deep trouble if you don't pay them.
Of course jail would be free room and board
2006-07-15 17:07:36 · answer #4 · answered by Anonymous · 0⤊ 0⤋
whoa.... you need to get to an attorney and quick. If you allow the checks to be deposited and they can prove that you had no intention on having money in the bank.. that's call deceptive practice and its a felony. My advice... seek counsel with a bankruptcy attorney, especially if you going to get a divorce. Wipe out all your debts and start life fresh.
2006-07-15 11:04:44 · answer #5 · answered by mahomet_rick 2 · 0⤊ 1⤋
Man talk to an attorney. Get some advice. this service isn't free but it is inexpensive and there is no long term contract. In my state it is only $17 a month. I highly recommend them.
2006-07-19 01:20:29 · answer #6 · answered by Anonymous · 0⤊ 0⤋
they would be bad checks! I would go to the place and talk to them. They may be able to help in some way, but if you signed them, you are responsible.
2006-07-15 11:04:57 · answer #7 · answered by redpantyluver 4 · 1⤊ 0⤋