I defaulted on a payday loan they keep calling me at work and threatening me with fraud because my account was frozen because of over draft charges. I have contacted them and paid some I missed a payment that I agreed on but I did call and tell them I couldn't't make that payment they got my message a day later and now they are threatening me again. I have every intention of paying this back I just don't have it right now. Can you help.
In the United States you cannot go to jail because you owe them money.
Now let’s look at the fraud claim. For you to be guilty of fraud they have to prove that you intended at the time you wrote them a check, in turn for your loan, to defraud them. In a pay day loan situation this is very difficult, if not impossible for them to prove. They knew you had no money; you were taking a 300% interest pay day loan. What they do have is a simple breach of contract lawsuit issue with you.
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