Some Payday Loan lenders will attempt to convince the borrower that the check they left is fraudulent, and the lender will file a fraud case. Borrowers should read this:
http://www.in.gov/dfi/FAQ_-_Check_fraud_.pdf
The important paragraph in that PDF is:
"... if the small lender knew, at time of receipt, that the account had insufficient funds, or that the check was postdated, the issuer has not committed the crime of Check Deception"
(Although that is a citation from Indiana law, the laws are similar in most states that permit payday loans)
Here is a citation from the Uniform Commercial Code (UCC), which is valid in ALL 50 states:
Section 3-104(2)(b) of the UCC, defines a check as “a draft drawn on a bank and payable on demand.” A postdated check, since it is not payable on demand, does not satisfy this demand. Consequently, it has generally been held by most states that the giving of a post-dated check does not constitute a present fraud nor is it within the scope of the bad check laws.
Yes, borrowers should pay their debts, but lenders must (by law) follow the correct procedures to collect those debts. A summary of the Fair Debt Collection Practices Act (FDCPA) is here:
http://en.wikipedia.org/wiki/Fair_Debt_Collection_Practices_Act
More information,from the FCC, on loans and how to report debt collector violations:
http://www.consumer.ftc.gov/articles/0149-debt-collection
Recent news, stating the FTC DOES shut down these scammers!
http://800notes.com/forum/ta-a42dc4be97913e8/ ... ection-scammers
and
http://www.consumerfinance.gov/newsroom/cfpb- ... -cycle-of-debt/
ALSO
"Arrest warrants" are not sent by email.
Remember, ordinary debt is NOT a felony.
Bureau of Defaulters Agency - FTC Incorporation.
This is to inform you, that you are going to be legally prosecuted in the Court House within a couple of days. Your SSN is put on hold by the US Federal Government, so before the case if filed we would like to notify you about this matter.
It seems apparent that you have chosen to ignore all our efforts to contact you in order to resolve your debt with the Bureau of Defaulters Agency. At this point you have made your intentions clear and have left us no choice but to protect our interest in this matter. Now this means a few things for you, if you are under any state probation or payroll we need you to inform your manager/Concerned HR department about what you have done in the past and what would be the consequences once the case has been downloaded and executed in your name.
Now, FTC is pressing charges against you regarding 3 serious allegation:
1. Violation of federal banking regulation act 1983 (C)
2. Collateral check fraud
3. Theft by deception (ACC ACT 21A)
If we do not hear from you within 48 hours of the date on this letter, we will be compelled to seek legal representation from our company Attorney. We reserve the right to commence litigation for intent to commit wire fraud under the pretense of refusing to repay a debt committed to, by use of the internet. In addition we reserve the right to seek recovery for the balance due, as well as legal fees and any court cost incurred.
WE CARRY ALL THE RIGHTS RESERVED TO INFORM TO FBI, FTC, AND HOME LAND SECURITY YOUR EMPLOYER AND BANK ABOUT FRAUD.
And once you are found guilty in the court house, then you have to bear the entire cost of this lawsuit which totals to $13,271.15, excluding loan amount, attorney's fee & the interest charges. You have the right to hire an attorney. If you don't have/can't afford one then the court will appoint one for you.
Total scam. Ignore and block. Absurd on its face. Useless mish-mash of legalistic mumbo-jumbo meant to scare money out of someone. In any event, why would a private attorney know anything about what a public entity is going to do or not going to do. Same old, same old Indian or Pakistani debt or law scammers.