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  1. #1
    BGObsessed
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    Default Need some minor legal advice

    So back in 2008, I was working for the Department of Corrections for the Commonwealth of Virginia. While working there, I injured my knees during my probationary period, for which I was put on short term disability, then relieved of my duties.

    When I was first put on short term disability, I was told that I would be receiving 6 checks at 2 week intervals for nearly $1,200 each. The pisser was, I had to wait 6 weeks to receive the first payment. When the first payment finally came, I was so far behind on my bills that I had to spend it all on bills, but still didn't have enough to catch up.

    I decided to take out a cash till payday loan - 1 in person, 1 on the internet. I did two of these, due to the fact I needed almost $600, and Virginia only allows each company to lend you a maximum of $400 at one time. I took out these loans, based on the fact I was expecting several more payments from Unum, the company handling the short term disability.

    The problem is, as I'm sure some of you have heard, Unum was busted for fraud and failure to pay. I was one of their victims, receiving only my first payment. Needless to say, when the first company (the one I went to in person, and had to give a blank check to) went to withdraw the funds from ym account, they were not there. I talked to the company, and they were unwilling to work with me on the matter, and said they were referring the account to collections. The problem is, after several withdraw attempts on an account without the funds, RBC (my bank at the time) informed me that they were closing my account to prevent this from continuing, so that I would not owe RBC thousands of dollars. After they closed the account, the cash lender tried to debit the account again.

    Fast forward a few years to now. Last week, this company informed me that because I wrote them a check, and the account had been closed (after the fact) they were filing charges against me for check fraud. They said I could go to prison, even though I have no prior record, and I did not willfully try to defraud them. It scared the living **** out of me, so I agreed to voluntary restitution, which they said I could pay $400 in two parts, once this month and again next month.

    Today I received a call from an Indian gentleman claiming to be a supervisor for John Washington law firm in California. He stated that they had a case they were filing against me for the same thing, but also for fraud and something else. This was for the online loan I received. He said if I do not pay it today, he will be sending the police out to serve me with a subpoena to face the charges, and that if I cannot prove I didn't intend to defraud them out of money, that I would go to prison. This is odd to me with this case, because I never wrote them a check, so I don't know how they could file check fraud.

    I am completely ignorant to the law on these matters, but I will admit I am scared ****less, but I don't know how much of what these people are telling me I should actually believe.

    So, can the online company really file these charges against me? Can I really go to prison if I don't pay these? I have no income right now, and cannot pay either one. I only agreed to voluntary restitution with the first company in hopes I could come up with the money from help of family and friends, but it's looking like that might not happen barring a small miracle.

    I am just stressed beyond words and scared as hell at what's going to happen in court, or if I don't show up for court. I have googled this, and the results have helped in no way at all, because it's all opinion. Does anyone know what will actually be the result of this? If I tell them I have no job, no income, will I really go to prison for not being able to pay?
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  2. #2
    BGObsessed
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    In the US you cant be jailed for default of credit, and I dont think their claims of check fraud are correct. I believe they are fearing you, and you should just shrug them off. You should just contact a debt settlement compay, and let them help you sort it out.

    It sounds like you are on the hook legally for the loans, you might be able to dodge them by bankruptacy but you will probably be better served by debt resolution. Or you can ignore them, and let them try to collect from you. They cant jail you for what they are trying to collect on, they went out on a limb to give you money.

    Theres no way they are gonna try to jail you, without getting paid. They are gonna pay someone as little as possible to make you want to pay them, that doesnt equate to a lawyer making a case to you being jailed.

    If some how they get the gov to bring a case against you for the pennies you owe, if you show any desire to repay the debt the court will support you. My suggestion to you is to seek out debt resolver and get it behind you, its cleaner than bankruptacy.
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