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I am unemployeed at the moment looking for work daily in texas. When i lived in new mexico in 2011 and 2012 i took out several payday loans out to buy food for my children when we ran out of food and my paycheck wasnt covering all of our bills. My wife is a student and recieves a small financial check every so often from her online school, Recently i got a phone call from a debt collector stating that check n go is considering pressing check fraud charges against me due to me oweing them 1500 (the initial loan was for $950 i believe) due to circumstances at the time i lost my job with att and became homeless, My wife is several weeks pregnant and the csr who called her has her worried that i will be going to jail for several years and paying heavy fines. I am wondering if i declare bankruptcy if these debt collecters will stop calling and harrassing us? I cannot afford to go to jail when i am trying my hardest to provide for my family, Can i get any type of advice please?
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Wills and Estate Planning Attorney serving Sugar Land, TX
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Law Offices of Kimberly D. Moss, PLLC
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It is very unlikely that you will be prosecuted for check fraud due to an unpaid payday loan. However, you may need to send a written notice that debt collectors not contact you or your wife in attempts to collect the debt. They may file a civil lawsuit against you for the unpaid amount, but it is very difficult to prove check fraud, so I wouldn't worry about getting arrested. For more information, please see here:
http://www.bills.com/pay-day-loan-collection-advice/
Answered on Nov 18th, 2013 at 2:06 PM