Payday Loan Lender Refusing to Return Check
Tuesday, Jul 21, 2009
Question: First, thank you for offering this website that hopefully I can get a answer to my question or insight to any legal rights.
Here is the scenerio, I walked into a check cashing payday loan company wanting to cash a "hardship" check from my employer whom offered me assistance with my over due gas bill. I was asked to sign the back of check and write my social security number. I was then asked to complete a one page demographic/application. After doing so, and keep in mind that my check,I.D. and application form are all behind a large thick glass, I was informed that I owed a unpaid NSF check from Oct/2007 NOT from the company where I came to cash the check BUT to there Sister company and that they were entitled to collect on it's behalf. Embarrassed in front of several people in their lobby I asked for my check to be returned to me but clerk said the debt had to be paid and refused to return it to me. He called corporate office to confirm the debt to me and that is when I realized they were correct.
BUT my question is: When I asked them to give me my check, did they have a right to refuse and take out the money owed to them. It was a $500.00 check and they deducted approximately $369.00 plus check cashing fee. I left with little more than $100.00 and remember this was a hardship
check to pay on my gas bill issued from my employer. DID I have any legal rights?
please respond, thank you....Answer: First off, only an attorney licensed is your state can say for sure if what they did to you was illegal, but I would say that this sort of behavior probably comes close to crossing some sort of line. Even if it was legal (which it may or may not of been), their action was certainly highly unethical.
The American Bar Association (ABA) has a terrific website that can connect you to a free attorney-referral service in your area, including those that specialize in helping people with limited financial resources. Visit
abanet.org and simply select the state in which you live to find the legal service providers in your home state. (The ABA's website also has additional self-help information and contact information that may help you with this situation.)
The National Association of Consumer
Advocates (NACA) (a nationwide organization of more than 1500 members who represent and have represented hundreds of thousands of consumers victimized by fraudulent, abusive and predatory business practices) also may be able to help you with this. Visit
http://www.naca.net/ for more information.
Just so you know, most attorneys will happily review your situation either at no cost or for a nominal fee (it shouldn't be much more than $30. If they ask for more, go to a different attorney).
You can find additional consumer help in your area at
affil.org , and visit
this link to learn more about the unfair business practice used by
payday loan payday loan lenders.
If you wish, you can also fill a complaint. Check out Americans for Fairness in Lending
(AFFIL) website and
Consumer-Action.org to learn more about filing a complaint.
Best of luck dealing with these sharks, I hope that the information I have provided helps you Find. Learn. Save.
Best,
Bill
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