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Ask TexLaw Your Own Question
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Resolved Question:

Ok i borrowed 255 from an online loan place 2 weeks ago. They called me today saying im going to jail bcuz my accounts closed out. The bank closed my account not me. Am i going to jail over this?
Submitted: 5 years ago.
Category: Legal
Expert:  TexLaw replied 5 years ago.

Zachary D. Norris :


Zachary D. Norris :

The payday loan company is accusing you of a crime.

Zachary D. Norris :

I'm guessing they are thinking that you have criminally defrauded them.

Zachary D. Norris :

However, they are not correct

Zachary D. Norris :

If anything, you have simply breached your contract with them.

Zachary D. Norris :

So, in short, no, you are not going to jail over this.

Customer: Ya but the bank closed my account and they tried taking money out and said I closed it. So supposebly im goin to jail for check fraud?
Zachary D. Norris :

If that is the case, then the State won't be able to show that you had any criminal intent.

Zachary D. Norris :

To be guilty of check fraud, you would have to have intended to defraud the loan company

Zachary D. Norris :

Did you give them a check?

Customer: ya but the bank closed my account and they said they tried to pull the money out and it was closed so now supposebly im goin to jail 4 check fraud monday morn?
Zachary D. Norris :

who told you that you are going to jail?

Zachary D. Norris :

Did you give the loan company a check? Or did you just give them your bank account number as part of the loan agreement?

Customer: They did. And no i never gave them a check i did it online
Zachary D. Norris :

Then, I think you can relax.

Customer: Just my bank account info. Its not even time for my payment yet
Zachary D. Norris :

Payday loan companies are notoriously bad companies

Zachary D. Norris :

They are not known for treating consumers right

Zachary D. Norris :

From the facts you've told me, its my legal opinion that you have not committed a crime.

Zachary D. Norris :

Why did the bank close down your account?

Customer: And this guy was a hadji said his name was XXXXX XXXXX the bank closed my account cuz it was overdrawn
Zachary D. Norris :

Well. What you need to do is look at the agreement you have with the loan company

Zachary D. Norris :

They shouldn't have threatened you like that

Zachary D. Norris :

But you will still need to pay them back

Zachary D. Norris :

You probably should try to open a new bank account if possible

Customer: I did it said i dont owe til the first of the month. What happens if i dont pay em back? (Just askin)
Zachary D. Norris :

If you don't pay them back, they can sue you.

Customer: I cant open a new bank account
Zachary D. Norris :

And they can report it on your credit report

Customer: Sue me? For 300 dolars
Zachary D. Norris :

It happens.

Zachary D. Norris :

They can take you to small claims court

Customer: wow
Zachary D. Norris :

However, most likely they will just harass you.

Customer: ok thank u so much im not trippen now. I really dont wanna pay them cuz theyre harrassing me
Zachary D. Norris :

I understand. These loans are always really bad deals

Customer: Well i actually have 2 other payday loans
Customer: Out there
Zachary D. Norris :

Sometimes its the only way to get the money you need. But as I'm sure you are aware, the interest is really high

Customer: o ya
Zachary D. Norris : assured you will not be going to jail.

Customer: Promise? Lol
Zachary D. Norris :

If it was that easy...

Zachary D. Norris :


Zachary D. Norris :

Anyhow...if there's nothing else I can do for you, I'm going to exit the chat so I can help other customers

Customer: U r phunnie! Thanx alot
Zachary D. Norris :

Thank you.

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