Legal Question in Credit and Debt Law in Pennsylvania

can cash advance places file criminal charges against you

can cash advance places file criminal charges against you.i got into a cash advance rut and worked my way out but i missed one. recieved a call last night that they were downloading my file to the county court.for banking fraud,and two others. said icould make a payment arrangement but if i don't pay the then i would also be charged with failure to appear. the place that called me was called the financial crimes protection division. can they do this?


Asked on 10/07/08, 5:43 am

2 Answers from Attorneys

John Gibson John W. Gibson, Esquire

Re: can cash advance places file criminal charges against you

No. Not to get a debt repaid. You should contact the consumer protection division of the Pennsylvania Attorney General's Office. There is a particular collection company that employs this and similar tactics despite cease and desist Orders from the Federal Trade Commission and afirmation of those Orders by the U.S. Court of Appeals for the Third Circuit. I think that is who you are probably dealing with.

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Answered on 10/09/08, 3:19 pm
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: can cash advance places file criminal charges against you

You asked if a cash advance lender can file criminal charges.

You actually have two questions, the one you asked and the one you didn't. The answer to your explicit question is yes.

The question you didn't ask is whether a lender can threaten criminal charges in the collection of a debt. The answer is no. In fact it is both a civil tort and criminal offense to threaten criminal charges to enforce a debt. Yes the lender can file charges, but cannot do so using a threat, of any type.

You should speak with an attorney to help you with this matter. I believe you may be able to file criminal charges, and win. You may also be able to obtain a civil judgment against the lender.

Contact an attorney right away.

Regards,

Roger

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Answered on 10/07/08, 1:09 pm


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