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

Attorney answers (3)

1. 

   Eric Jerome GoldPro

   Calabasas Estate Planning Attorney

   Contributor Level 19

   

   EmailVisit website

   1

   Lawyer agrees

   2

   Helpful votes

   Answered November 13, 2012 13:44. 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... moreWhen responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. less

   • Mark as helpful
   • Flag
2. Licensed in AL

   

   Randy Ferguson

   Huntsville Car / Auto Accident Lawyer

   Contributor Level 18

   Answered November 13, 2012 18:56. 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... moreThe response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise. less

   • Mark as helpful
   • Flag
3. Licensed in AL

   

   Bradford BotesPro

   Birmingham Bankruptcy Attorney

   Contributor Level 9

   

   EmailVisit website

   Answered November 16, 2012 12:27. 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!

   • Bond & Botes Website

   • Mark as helpful
   • Flag