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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I got a payday loan for $300 from a company, i did not sign

Resolved Question:

I got a payday loan for $300 from a company, i did not sign anything but did a verbal on phone. They were taking $90 every 2 weeks and i paid 270 back and then had to close my account. I never received anything from the company the last two payments that were missed and then some guy calls me today from a collection dept. and says that he is going to dispatch someone to come to my work and serve papers for court for check fraud.

Is this check fraud ??? Also he said they mailed me something but it was returned to them and i did not send it back. He says they will settle with two options, a $300 dollar one time or $510 paid in three months. I mainly want to know is this Fraud, should i get something in writing from them first in writing with the offers??? I do not feel this company is on the up and up. I am not trying to get out of paying but does this sound kosher or is it threats to scare me to do something. PLEASE HELP
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. I am a licensed Pennsylvania professional and will do my best to assist you with your concerns.

I am sorry that you are in this situation. Did you ever send them a check that bounced? Or did you simply close out your account so their automatic withdrawal from your account end up bouncing?
Customer: replied 1 year ago.


I only closed my account, no paper check

Expert:  Dimitry K., Esq. replied 1 year ago.
Chris,

Thank you for your follow-up. But you did agree, in writing, to allow them to withdraw all the owed funds, correct?
Customer: replied 1 year ago.

I never signed anything electronically or on paper i only talked to a lady on yhe phone and filled out an application on line but i did not sign that either, i just agreed on the phone no signing of anything. The contract they sent me by email says it is an unsecured loan. But is this check fraud, it says unsecured loan and it was only a verbal agreement to take from my checking.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Chris.


This is potentially check fraud. Since you agreed (it does not matter if orally or in writing, as there is evidence of the contract), the agreement specified that you would permit the parties to remove a certain amount of money that you borrowed from your account. Not permitting them to take their money back is fraud, both check fraud and potentially theft by false pretenses. The other party could potentially pursue both civil and criminal charges against you, civil for the value and amount of money owed as well as breach of contract and further costs in obtaining what is owed to them, and criminal charges for defrauding them of their funds by getting their deposit to bounce from your account.

I am sorry.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36753
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 11 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


Before i agree to there settlement offer should they provide me with the offer in writing??

Expert:  Dimitry K., Esq. replied 1 year ago.

Chris,

Absolutely. You should only agree to any sort of an agreement provided that the other party provides you with a signed waiver stating that by accepting the funds they agree that all present and future issues stemming from this transaction are satisfactorily concluded, and that they will not pursue further collections or pursue civil or criminal claims.

Good luck.

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