In the state of Kansas, can payday loans press charges against you for not paying back loan?

Question

I took out a payday loan about a year ago, and I have been harassed by companies saying they are pressing charges. In the state of Kansas, is it legal under Kansas Statutes for them to prosecute you for check fraud? Or is it just the collection company using the loan shark tactic? What if you used a check from a closed account as well...

Update:

....is there jail time possibilities for this? or just the fines and payment?

Answer 1

Favorite Answer

Of course they can.

You committed fraud either way.

Not only can they press charges they can take you to court get a judgment and then garnish your wages (if your State allows it), attach any bank accounts you may have and file liens on any real property you may own.

Source(s): Finance Manager for over 11-years, 2010 edition Consumer Action Handbook.

Answer 2

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Source(s): https://shrinke.im/a01G5

Answer 3

If you used a closed account then it is fraud, and then yes they can press charges. And yes jail time and fines for you.

Had you used an open account you would still owe the money, but they couldn't press charges on you.

This would be the same in any state not just kansas.

Answer 4

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RE:In the state of Kansas, can payday loans press charges against you for not paying back loan?

Answer 5

Ok here;s the deal. To prosecute you under a criminal case they must prove INTENT to defraud- if you gave them checks on an already closed account then yes they can and will arrest. But most states have stipulation that explain any post dated checks (checks written for a future date) cannot be considered fraudulent under the rule of criminal law because at the time you wrote it you intended on having the money at the date that was written on the check so you had no Mens Rea or criminal mind when you wrote the check (that is needed for every criminal case)- so no they cannot hit you in criminal court. However, what they are doing is highly illegal and can be punishable up to 20 years for violating federal debt collection laws tell them to **** off and file a report yourself!

Source(s): Personal experience with these bastards and the internet

Answer 6

Uh...as to if they are federal, probably not; depending on ifyoou wrote a bad check that covers the loan; that's sometimes how that scam worked. Everything else there is accurate. Plan on paying legal fees, costs and interest if they sue; probably closer to $750

Answer 7

If you used a check which you knew, or should have known, was no good you can be prosecuted for fraud. Which could involve jail time. Just pay the thing off and get this item off your back.

Answer 8

You made it a federal case by using a closed account. You committed fraud, so yes they can.

Answer 9

If you used a check from a closed account, that IS fraud.