2006-07-19 09:33:10 · 9 answers · asked by Anonymous in Local Businesses ➔ United States ➔ Houston
The loan company can file your check with the Prosecutors Officer for VHCL (Violation of Hot Check Law), a warrant will then be issued and when they pick you up on this warrant you will be put in the local detention center where you will be allowed to post bond.
2006-07-19 15:08:21 · answer #1 · answered by Jan G 6 · 0⤊ 0⤋
There are a couple of issues here. First, while it might be a violation of the fair credit act to threaten a consumer, you would have to prove it. Secondly, the district attorneys office could accept criminal charges for writing a worthless check but they would have to prove it was intentionally done. Unfortunately, you would have already spent at least a day in jail. You have to make some good faith effort to repay the money otherwise you just might find yourself in jail before you could do anything about the threats.
You also need to read the contract that you signed at the time you wrote the check. Does it authorize them to deposit it if you fail to pay back the money, etc. It would be a defense in your trial that it was only written as collateral and not for presentation to the bank without at least your knowledge and authorization before it got submitted.
2006-07-20 15:11:44 · answer #2 · answered by Sam B 4 · 0⤊ 0⤋
No!
It is a serious violation of collection law.
Document the occurrence as best you can. For example: who did it at what time etc. This behavior you need to stop!
I am not an attorney. However, I work in the credit field.
Even if you intentionally wrote a bad check and were criminally liable, the collection of the money and criminal actions need to be treated as two separate actions. A collection agency cannot discuss or intentionally imply you have committed a criminal act.
Contact the Attorney General and FTC for specific ways to follow up.
2006-07-22 07:38:18 · answer #3 · answered by donsabe 3 · 0⤊ 0⤋
Yes, you can go to jail if you have not paid back your debt. If you wrote a bad check for a payday loan, then that's called writing a fraudulent check and it is punishable by law.
2006-07-19 09:45:23 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I would think not since in most states it is illegal to make unfounded threats like that, especially from creditors.
However, to do something about it that would get them penalized, you need proof to show a judge, such as a recording or letter or another person who witnessed them saying those things to you.
Even if you don't have that, you can still file a complaint with the state government and if you send the creditor (collection co.) a letter that states you do not want to be contacted about the debt anymore, the won't have the right to do so.
2006-07-19 09:39:42 · answer #5 · answered by teachingazteca 3 · 0⤊ 0⤋
I believe and correct me if I'm wrong, that you wrote a check for a payday loan. Isn't that how it works? If you wrote a check and didn't pay them back, and when they sent the check in, it didn't clear, you can indeed, go to jail for writing a fraudulent check. That is a crime.
2006-07-19 09:38:16 · answer #6 · answered by horsinround2do 6 · 0⤊ 0⤋
NO, they can not put you in jail for montery debt. All they can do is take you to court and have a judge take a part of your paycheck until you pay off your debt.
Most debt collectors will lie and threaten you because they know more about the law then you do and they play on your fears.
If they keep messing with you record all of your messages with them and take the messages to a lawyer, you have more rights then you know.
2006-07-19 09:39:38 · answer #7 · answered by senatormorgan2000 1 · 0⤊ 0⤋
yes it is legal to say that they can say whatever they wont however I think you wont go to jail unless the check you wrote was for $500 or more
2006-07-19 13:40:31 · answer #8 · answered by mikel m 3 · 0⤊ 0⤋
check for the fair collection act law, of course is illegal and you can sue them
2006-07-19 09:36:36 · answer #9 · answered by ricardocobar 4 · 0⤊ 0⤋