Can a payday loan company charge a person with fraud? 5 Answers as of April 25, 2014

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Patrick W. Currin, Attorney at Law | Patrick Currin
Yes, usually in the civil context of bankruptcy a claim of fraud can make the loan non-dischargable.
Answer Applies to: California
Replied: 4/25/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
They are notorious for making empty threats, but non payment of a payday loan is not a criminal case, but rather civil.
Answer Applies to: New York
Replied: 4/25/2014
SmithMarco, P.C.
SmithMarco, P.C. | Larry P. Smith
NO. Those companies are all bogus. Never believe what a payday loan collector is saying.
Answer Applies to: Illinois
Replied: 4/25/2014
Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
Generally, nonpayment of a loan is not fraud. Not honoring the postdated checks or ACH authorizations that are typically issued in connection with such transactions is not fraud. The bad check laws do not apply to postdated checks. The only possible fraud is if you gave a postdated check on a closed account, misrepresented your identity or employment, etc.
Answer Applies to: Illinois
Replied: 4/25/2014
HARVEY S. MORRISON, ATTONEY AT LAW
HARVEY S. MORRISON, ATTONEY AT LAW | HARVEY S. MORRISON
It depends upon the facts of the situation. If there were any material misrepresentations made by the borrower, they could be the basis for a fraud claim.
Answer Applies to: Ohio
Replied: 4/25/2014
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