Legal Question in Credit and Debt Law in Michigan

Credit Problems

I Live in Michigan. Are payday loans reported to credit bureaus? If you write bad checks, but pay them, can you get on a list and can you be prosecuted even if you have paid same? Can you go to jail for not paying payday loans back? I am in a financial mess. please help me. I got in trouble with payday loans, and am getting threating phone calls from payroll companies. I took a payday loan out and had to close my account because of fraud and therefore the payroll company could not deduct same. It was about a year ago. On Friday, I got a call from a man who described himself as a man working for the credentials dept for one of the credit bureaus and told me that if I did not pay with a credit card today that they were going to file charges. He was foreign, I could not understand him, but got scared. Can credit bureau companies do such a thing? I need help. What should I do. I am closing my checking account and paying only with cashier's checks. I am just a bad money manager. I need some guidance. Should I call one of the credit bureaus and ask for their help and ask if such a thing exists. I wanted to take care of it, but now I think its a scam. What should I do?


Asked on 5/16/09, 8:40 pm

2 Answers from Attorneys

Timothy Klisz Klisz Law Office, PLLC

Re: Credit Problems

writing bad checks is a crime. Defaulting on a loan is probably just a civil matter. If you need legal representation, please contact me at www.kliszlaw.com to discuss. Tim Klisz

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Answered on 5/16/09, 8:49 pm
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Credit Problems

It was likely just a scare tactic, however, it is a crime to bounce a check or put a stop payment on a check without informing the person who has the check. Police departments rarely pursue charges on bounced checks, unless they are a high amount, as there are simply too many to follow up on.

However, if you owe someone money, your best bet is to resolve it if you can afford to and, if not, file bankruptcy. You should pull your credit report to determine what debts are showing on there. When anyone contacts you regarding a debt, do not give out information over the telephone. Demand that they send you something in writing confirming that they have authority to collect on the debt, and it should also include the original creditor's information, account numbers, etc.

Collection agencies are extremely aggressive lately and often do not even have authority to collect on a debt they are calling about. Additionally, you do not even know if it is a legitimate collection agency or not. Some do use overseas call centers to make calls, but you can never be too sure.

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Answered on 5/17/09, 3:47 am


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