Can they charge me with check fraud?
In 2007, I was struggling financially. I took out a payday loan for $600 and had it deposited into my checking account at the time. I used the money to pay for rent. Because I was not making a steady income, I was not able to pay the loan back. When it came time to make a payment, the loan place credited my account, but it was in the negative. Months later my account closed due to insufficient funds. That year, along with 2008 was a struggle financially and everything else. Now, this law office/collection agency called my fathers house and I finally got the message. I called them back the next day. I spoke with a lady and she said they have been trying to contact me because they send me to jail because I committed check fraud. I took a loan out for $ 600 that turned into $7500 over the two years. I have not made any payment and now I am about to be charged. She told me that she could give me a settlement (which she did) for $2300 and that I had from the beginning of September to November 16th to pay the loan off. I would have to pay $316.20 every two weeks until November 16th. I agreed and started the payment because I was working then and I had got my scholarship money back. I got laid off on September 6th and I have a baby. I cannot afford to make payments of $316.20 and so I called them. I searched for the contact information and everything, but I couldn’t get through to their offices. Finally, I called my bank to stop payment because I not only couldn’t afford the payment, but most importantly, I misplaced my wallet and couldn’t find it. They froze my account and the law office attempted to charge my account. The lady called me on the morning they couldn’t charge it and asked me what were we going to do. I told her my situation and she went off on me saying that I had a baby and I was going to jail and that I committed check fraud. I was trying to be calm and ask her if I can continue to pay when I start working again because I wanted to get it paid, but she kept yelling and talking over me, so I told her I was hanging up because she was being very disrespectful and rude and i hung up. I know about collection agencies and how they will say anything to collect a debt, but this cannot be possible. I have talked to many people and they said that I cannot be committing a crime especially if I contacted them and set up a payment arrangement. If I cannot afford the payments, but attempted to cooperate, then they should work with me. I want to get others opinion on whether or not I committed check fraud and will I go to jail or will they most likely contact me again to set up another payment arrangement? Did I really do anything wrong that people have not done before. Alot of people are in depbt; will I get into trouble or will this pass? I just don’t see how I could get into trouble when I paid like half of it off and I was cooperating, but lost my job. Could this be another way collection/law offices get their money, by scaring people into paying something that they cannot afford? Am I wrong for wanting to feed my daughter because continuing to pay a debt? Please let me know the truth; everything. Please be serious; NO JOKES! Thanks and God bless!

Not jail but sue you, get a court judgment agains you. destroy your credit ensuring you no longer qualify for student loans.
Yes they can prove fraud, you took a loan and had no intention of repaying it. Your debt will continue to climb adding interest and court costs.
It would help to know what state you are in but the answer is probably, No they can’t send you to jail. Most states do not even allow payday loan companies to use the state’s hot check laws and I believe yours must be one because they didn’t use it.
Also many states have very strict rules when it comes to collection of payday loans and they have violated a big one with that first phone call.
STOP!! talking to these people, you are being roped into making verbal contracts. Do everthing by mail, certified mail at that.
Your rights go here:
http://www.myfico.com/CreditEducation/Rights/DebtRights.aspx
You need to file bankruptcy. It wouldn’t be the first option but in your case, I don’t think you have any other choice. Once you file bankruptcy, they can no longer call you to collect money.
No you can’t go to jail. Also the payday loan company is likely breaking the law of your state (but don’t know for sure since you didn’t state the state) by adding so many fees to the loan.
Many states limit the number of rollovers of a payday loan to 3 or less. After the maximum number of rollovers has been reached, the interest rate is usually capped by the maximum usury interest rate (typically about 15% APR). This usually limits the typical 400%-800% APR for only a month or two and keeps amount legally owed down to a reasonable amount.
http://www.debtconsolidationcare.com/paydayloan/explain-pdls-laws.html
http://www.paydayloaninfo.org/facts.asp
If your state limits the rollovers, wait until the company sues you since the judge will likely limit the award to less than $1000 total.
its not check fraud and you cant go to jail.
stopping payment is not fraud. you were making payments which shows your intent to pay the debt.
their phone call was illegal.
payday loans should be illegal.
1. A law firm cannot charge you with a crime or send you to jail. Only the government can charge you with a crime or send you to jail.
2. Not paying any debt, other than child support, is not a crime.
3. If you wrote a check without having sufficient money in the bank to cover the check, or give them a check without having sufficient money in the bank to cover the check, then you committed a crime for which you can be sent to jail even if you later paid the money.