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...
Asked on 6/12/13, 8:43 am
1 Answer from Attorneys
David Michael Benson
Benson Law Firm
Have your bankruptcy lawyer explore whether there is violation of the automatic stay and/or a violation of the Fair Debt Collection Practices Act.
- BensonBankruptcy.com
Answered on 6/12/13, 10:18 am
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