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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 87539
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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What a mess. SITUATION 01 State of Tenn allows only 3 $230

Customer Question

What a mess.
SITUATION 01 = State of Tenn allows only 3 $230 Payday loans to be active at any given time. These are all 390+%APR
I have over 23 $230 Payday loans out at now...all 25 of these $230 check ready to hit the bank today.
I also have 100% APR loans too out too.
I payout over $1250 per month in $30 Payday renewal fees each month...but I have NOT started paying back the original PRINCIPLE.

I have .38 cent in my bank....when all these checks start bouncing Wed. Im afraid I will be arrested and jailed once the snowball really starts rolling.

Im in viscous cycle of borrowing MORE Loans just to pay the existing fees...

I borrowed from every friend /family member possible...they all are broke too now

QUESTION 01 =Am I going to jail for the Hot Checks? I am broke

If I go to jail...I cannot work and feed my family...If I skip town, I fear I will be tracked down by my #SS or Driver License...Thought about skipping the country?...How? I just put in my last few quarters in gas.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Ely replied 5 years ago.
Customer

First off, you won't be jailed because you defaulted on a loan - that's a civil matter. Depending on what state you're in, they MAY be able to put a lien on your titles and garnish your wages, but that's IT.

What state are you in so I can give you more information?
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 87539
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 14 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.

OK..thanks for anwering that...but what about when all 23 hot or bad checks (actually 25) hit the bank?

(i just looked at bank account and snowball has started)@ $37 each bounced check!
(I thought it was orig $35 each )...thats $925 in bank fees alone coming up.

What will the banks do to me as I have no way to pay?

Will they return the checks to the payday loan folks (which will rack up another $30 fee per returned check from the Payday loans folks)...will they try to hit my bank again?

I ask them NOT to turn the checks in, but they say they have no choice but to run my bad checks thru the bank...so will this cause a criminal case?

My reasoning was "its better to get loans, than go bankrupt and hurt a
lot of people".
Yes, many of these Payday loan outfits DID ask how many Payday loans I had out
before applying...I tried to avoid the question by paying off others, then
re-applying later, so I would not appear to being telling a "white lie" when ask how
many loans I actually had "live". I was wrong for doing this.


At the time, the "White Lie" seemed better than "Bankrupt" and "Stealing" from my
creditors because i could not pay them.

This is terrible here...I even had one dear friend to Pay almost ALL these Payday
loans off if I agreed to $410 month. I agreed, only to lose more hours at work right
after that...since I had lost hours, I lost paycheck money, so I panic and got right
back in the same old Payday trap, trying to pay off this friend...I should of told
the friend I could NOT pay the $410.

BotXXXXX XXXXXne Problem is:
we are paying out FAR more than we bring in...


QUESTION 02=So will this cause a criminal charge against me for somewhat
"falsifying" the Payday loan papers?

My daughters have even tried to help me by taking out "Student loans" in their name
(More Criminal charges?) in exchange of me using my use-to-be-good credit..if I
bought their cars. They pay the car notes now but they expect me to pay these back
$14,000 + $9,000. Of course I fully intend to.

Bankruptcy would do NO good in this situation.

My home is almost in Foreclose, banks said they were coming to re-posses the cars,
All the rest of living expenses has NOT been paid in almost 2 months...it looks
bad...and the girls want the loans paid...I feel like a piece of dirt Dad.


It all is beginning to "Crash in" on me...
All the loans to KEEP me from going under, caused me to think I should borrow MORE,
just to pay PAST obligations. Rob peter to pay Paul deal.




HISTORY of my past behavior.

Ive Been working 7 days per week for past 6 years out of the 7 years. I commute 150
miles per day...car smoking with 350,000 miles.
I just cannot seem to produce anymore income, unable to work any more
hours.....Health Problems now.

Little History about WHY i started the 2nd Job and went 7 days per week.

In 2002, I was on the verge of Bankruptcy, after Wife's accident. I needed her to
work..but she was disabled.

Out of pure determination, I continue to worked 7 days per week, paid off $30,000 debt
until I collapse when some kind of medical problem...and with no health insurance, I
became MORE in debt..doctors told me to slow down,
but to "do the right thing" I kept working...only to collapse again.

In sheer desperation that all the past work of paying down debt would end up in
vain, I started other business ventures, trying to replace the
bus income...to slow down as per doctors orders.

It appears I have LOST probably over $125,000 in Medical/Repairs/Misfortunes/Just
living/business deals over past 7 years, and this appears to be what
I have been trying to pay off all this time.

So all that 7 days per week was all in vain...not to mention I never hardly saw my 4
kids these past 7 years.

I still work 7 days per week.....Also, I made no where near the income I now make
Years ago...Overworked, underpaid for past 15 years or more.

again, What really is crummy is I payout over $1250 per month in $30 Payday renewal
fees each and every month!...and I only make $600 on my weekend job. So I pretty
much just work for "NOTHING" now. Like throwing money away. What a rotten mess!

Please advise

Thanks so much
Expert:  Ely replied 5 years ago.
Customer

The banks are not the ones that you should be worried about - all they can do is charge a bounce a fee to you.

The merchants to whom you gave those checks can bring civil suits, or complain to the DA, who might bring criminal charges.

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