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Can the state of texas put me in jail for 90 days for felony check fraud from a collection agency?

Arlington, TX |

I got an online cash loan in 2009 but my bank account closed before they could get their money. it was sold to a collcetions agency that is now saying that if i do not pay the full amount today, then the State will pay my loan and put me in jail for 90 days? They said they sent a letter to my old address that i have not lived at in over 3 years.

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Attorney answers 3


I have never seen any online lender follow through on a threat like this. This is just a false threat to scare you into paying.

Also, think about what they told you. They told you that the state of Texas will pay your loan, then put in you jail, and feed and house you at the expense of the state of Texas. Texas is not going to do that.

Save any voice mails that they leave you and make good notes of what they say on the telephone, especially any telephone numbers they leave. You should have this information reviewed by an experienced Fair Debt Collection Practices Act attorney. If you can find the caller, its sounds like you would have a good claim against them for the false threats.

Skaar & Feagle, LLP maintains offices in Marietta (770 427 5600) and Decatur (404 373 1970), Georgia. The information ("the answer") provided above is for general information and educational purposes only. The answer should not be taken as legal advice for any individual case or situation. Posting the question and reviewing the answer does not constitute an attorney-client relationship. My firm will ask you to sign a written contract prior to the commencement of representation in any attorney-client relationship. Please contact 770 427 5600 or 404 373 1970, if you wish to discuss your situation further. Skaar & Feagle, LLP accepts select consumer rights cases. These cases include, but are not limited to, cases of abusive and unlawful collection activity, debt defense, credit reporting of false or obsolete (old) information, high interest lenders (title pawns, payday loans), debt management plans, and fraud or unfair practices in the sale and financing of automobiles.



Thank you so much for the response. It didnt sound right but the "investigator" sounded so convincing, he would not let me get a word in at all. I had a few of these that year and i had no issues with the other lenders working with me last year to get them paid off. This one tho was very stern and saying that i had an hour to pay or they would turn it over to the state, and Texas would pay triple the amount and send me to jail for 90 days for paying that for me. He said they will come pick me up at my house or at my job. I told him that i have no problem paying what i owe and to please send me the info and we can go from there but he said "we have already sent you documents and will not do it again". I dont evewn live at the address they have anymore. Thank you again for taking the time to respond to my question!


Typically a scare tactic and illegal to threaten that they're going to put someone in jail. The DA won't typically bring charges in Tarrant or Dallas county. Some of the smaller counties like Collin County will occasionally bring charges, but it's still rare. Online payday loan collectors are notorious for attempting all sorts of unethical collection methods. You'll probably be fine. If the creditor is continually harassing you, you might consider consulting a consumer protection attorney. If this payday loan is just the tip of your "debt iceberg", now might be a good time to consult a bankruptcy attorney. Most offices, including mine, offer free consultations. Regardless, I hope this helps and I wish you the best of luck!

The information provided in this post is not "legal advice." Rather it is general information on common legal issues. If you have questions concerning your specific situation, it is always best to consult an attorney in your area.


You may have a claim for violation of the Fair Debt Collection Practices Act. Each violation of the Act is worth up to $1,000 to you, any actual damages, and mental anguish, plus attorney fees. You may also have a claim und the Telephone Consumer Act if they called your cell phone. You can call me for a free consultation to discuss this matter.

This comment is given for educational purposes only. No attorney-client relationship exists between us.