I had to take out payday loans now they are talking about giving it to the D,A'S OFFICE CAN THEY DO THIS

Asked about 2 years ago - Opp, AL

I have had to take out some payday loans and in the process I lost my Job now they are talking about turning the post dated check over to the Districts Attorneys office and have me arrested can they do this and what can I do about it so I do not go to jail?

Attorney answers (3)

  1. Eric Jerome Gold

    Pro

    Contributor Level 19

    1

    Lawyer agrees

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    Answered . Collection agencies and payday lenders often will use overreaching efforts to try to collect their money. In the US, we do not have debtor's prison. If their collectors are threatening criminal action or prison, you should be sure to clearly log all of these alls and what is said. Contact a local FDCPA (Fair DEbt Collection Practices Act) attorney to explore possible action against the collectors' company.

    When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am... more
  2. Randy William Ferguson

    Contributor Level 19

    Answered . They can do it in Alabama. It is counted as issuing a worthless check. That is why they have you write checks.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more
  3. Bradford Wayne Botes

    Pro

    Contributor Level 9

    Answered . It has been my experience that most DAs in Alabama will NOT prosecute these type cases. In order to convict you, it must be shown that the lender thought the check was good when it accepted it. In this type transaction, it clearly did not. In any case, I would suggest that you talk to an experienced attorney to explore your options. Best wishes!

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