i wrote a check to a friend as a loan. Soon after my account went into overdraft status and I notified them that the funds were not available and asked that the check be returned. Instead it was cashed at a payday loan store. The payday loan store is now threatening me with criminal prosecution as check fraud. I have filed chapter 7 but was told by this company that they are exempt because the check was negotiated for cash and that I will be going to jail. Is this true? I live in Ohio...
1 Answer from Attorneys
Have your bankruptcy lawyer explore whether there is violation of the automatic stay and/or a violation of the Fair Debt Collection Practices Act.
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