Legal Question in Credit and Debt Law in Pennsylvania

Default payday loans

If I write a postdated check for a payday loan, and the check bounces, can I be prosecuted?

The loan was secured via the Internet, if that makes any difference.

Asked on 7/20/07, 7:12 pm

1 Answer from Attorneys

John Gibson John W. Gibson, Esquire

Re: Default payday loans

You may be prosecuted but whether or not you are guilty depends on whether you knew at the time that you wrote the check that were not sufficient funds to pay. Because this is a very tough, if not impossible burden, there are certain presumptions that apply to prosecution of bad check cases. Because this was over the internet, because it was a "payday" loan, and because it was a post-dated check, I doubt that most District Attorneys would prosecute but collectors do file civil cases.

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Answered on 7/23/07, 9:25 am

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