How to Handle Payday Loans

Bills.com Team
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Highlights


  • Payday loans are usually small loan amounts that must be repaid in full when the borrower receives the next paycheck.
  • The borrower will also be required to pay any lender fees at the time of repayment.
  • Payday loans usually come with very high interest rates and fees.
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Everything You Need to Know About Payday Loans, Why to Avoid Them, & How to Repay Them.

Are you considering a payday loan? If so, be very careful. Payday loans, often called cash advance loans, check advance loans, or deferred deposit loans, come with astronomical interest rates and fees. Payday loans should be your last resort if you need to borrow money.

What is a Payday Loan?

These small loans, also called "cash advance loans," "check advance loans," or "deferred deposit check loans," are a frequent pitfall for consumers. A fee anywhere from $15-$30 per $100 borrowed is charged for an average loan of $300. The borrower will give the lender a post-dated check, which the lender later uses to electronically transfer a payment or the entire balance of the loan from the borrowers account.

An especially insidious practice is to withdraw a partial payment from the account as a "customer service." This partial payment becomes a perpetual installment that continues despite the borrowers’ best efforts to halt it.

With rates so high and the term of the loan so short there is no wonder that a very high percentage of these loans are rolled over by the borrower again and again. Be aware that the accumulated fees for payday loans can have an effective annualized interest rate that of 780%, or higher, depending on the number of times the principal is rolled over.

Wise AdviceStruggling with payday loans? Make sure you understand all of your

Payday Loans and Consumer Rights

A payday lender itself may attempt to collect the balance. Alternatively, the payday lender may sell the debt to a collection agent, which we discuss later.

If the payday lender (or collection agency, for that matter) cannot convince you to pay through standard collection tactics, such as phone calls and letters, the payday lender may decide to file a lawsuit against you to obtain a judgment for the balance of the debt. If the lender sues and obtains a judgment against you, it can then take steps to enforce the judgment as allowed by your state law in civil court. The most common methods of enforcing a judgment are wage garnishment, bank account levies, and property liens.

Note that not on this list of enforcement actions are:

  • Calling your employer to discuss the debt
  • Contacting your neighbors
  • Filing an arrest warrant

An important fact: Failure to repay a payday loan is not a crime! Aggressive payday lenders threaten borrowers arrest for check fraud: This is groundless unless the payday lender has evidence to prove the borrower never intended to repay the payday loan. Proving that is very difficult. Remember, no one has been arrested or imprisoned for debt in the United States since the Civil War.

If the payday loan company sells a collection account to a collection agent, the borrower is now obligated to repay the balance to the collection agent.

A federal law called the (FDCPA) states that a third party collection agent must stop calling you if you notify them in writing to do so. Several states, such as California, New York, and Texas, extend many of the regulations in the FDCPA to cover original creditors as well. See to learn what actions you can take if you believe a collection agent is violating the FDCPA.

If the payday loan company sells the account to a collection agent, the debtor can stop the telephone calls by sending a cease communication demand letter, commonly called a cease and desist notice, to the collection agent. (See the Bills.com for sample cease-and-desist letters.)

How Can I Handle Payday Loan Collections?

Many payday loan collectors use intimidation to strike fear into borrowers. Just because a person is in debt does not mean that person loses their rights as a consumer. Not repaying a debt is a civil law and not a criminal law matter.

As mentioned above, many payday lenders require borrowers to provide their checking account numbers so that payments can be withdrawn from the borrowers’ accounts automatically using the Automated Clearing House (ACH). In instances where the borrower accounts lack sufficient funds, the payday lender will continue to attempt withdrawals. This may create overdraft charges for the borrower, and if done often enough, the bank may close the borrower’s account.

One common tactic to deal with payday lenders who repeatedly withdraw funds from a borrower’s account is for the borrower to close the account and reopen another at the same bank or credit union. This is effective unless the bank links all transactions from the old account to the new one. If that happens, when the payday lender makes a withdrawal, the bank simply reaches into the new account to remove the funds. The lesson here is to make sure the bank does not allow electronic withdrawals from the old account to be transferred automatically to the new account. The best approach is to talk to your bank about the ACH withdrawals and ask for the forms you must use to cancel the ACH withdrawals. Complete the ACH cancelation forms, and return them to the bank. Alternatively, open an account elsewhere.

Once the account is closed or the ACH payment authorization is canceled, the borrower can negotiate a repayment plan with the lender. There are eight states whose payday loan regulating statutes requires lenders to set up an installment repayment plan if an account reaches the maximum number of rollovers allowed by law and the debtor declares that he/she is unable to pay the balance due.

Learn Your State’s Payday Loan Laws

Check out the payday loan information on the Bills.com page, where you will find how states attempt to regulate deferred deposit loans. Learn the specific regulations for payday lenders in your state, and if you live in a state requiring installment payments.

If your state does require repayment plans, and the lender still will not accept a payment plan, call your state’s regulator of payday loans, usually an assistant Attorney General, and complain. You should get the results you want after the Attorney General’s office becomes involved.

If you are not in one of those states, consider simply making payments to the lender anyway to pay down the balance of the loan over time. In most states, the rollover limit will soon be reached, and the interest rate the lender can charge will be capped by state law. If the lender will not accept your payments, simply put what you can afford aside until you have enough money to either payoff the loan or to offer a settlement.

Read the regulations in your state to find the best strategy for your situation. To learn more about tactics and strategies for dealing with creditors, read the Bills.com article .

Bills.com has answered reader questions about payday loans for readers in , , , , , , , and .

What a Payday Lender Can Do If You Do Not Repay Your Loan

If you do not repay a payday loan, the payday loan company has several legal remedies. These include:

Before a creditor can apply these remedies, it must file a lawsuit against you first. See the Bills.com resources to learn more about the rights of creditors and debtors, and to learn more about debt collection laws that apply to you.

See also the free Bills.com , which can help you manage your finances and you can learn about budgeting and prudent financial management.

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  • 35x35
    Oct, 2012
    Melissa
    I live in Tennessee and have taken out 3 payday loans in which I am going broke paying. The payday lenders are Plain Green, Cash Call, and Flash Cash. My payments come out every payday except for the Cash Call which is monthly. By the time I am done paying for these I have hardly any money left for my home bills and for living. I have thought about closing out my checking account and trying to negotiate a new percentage rate or payment plan that will actually allow me to pay off the debt instead of accumulating more fees. It seems like the more I pay the more I owe. At this rate I will never have any savings and I will be paying this for the next 10 years. Any suggestions?
    0 Votes

    • 35x35
      Oct, 2012
      Bill
      Eight states have payday loan regulations requiring lenders to set up an installment repayment plan if an account reaches the maximum number of rollovers allowed by law, or the debtor declares he or she is unable to pay the balance due.

      Payday loans in Tennessee are regulated by the Tennessee Department of Financial Institutions, which calls payday lenders "Deferred Presentment Services Companies." Neither the Tennessee Department of Financial Institutions or the Tennessee Office of the Attorney General indicate that Tennessee payday borrowers are protected by state-required rollover plan. Therefore, you have two options:
      • Borrow the total balance due from a friend or relative, pay-off the lenders, and swear-off payday loans, or
      • Negotiate your own installment plan with the lenders.

      Reread the original article above for instructions on how to cancel the ACH withdrawals and set up your own payment plan.

      0 Votes

  • 35x35
    Sep, 2012
    Aj
    I live in Florida and took out a payday loan that I now cannot afford to repay. I accidentally used a check from an old, closed account for the loan. I had used those checks and paid back the loans on time many times before. Now that I cannot repay this current loan, is there any danger of worthless check charges (criminal charges)? I don't believe there is based on your info, since I had repaid many previous loans that those same checks had been used for. Please advise!
    0 Votes

    • 35x35
      Oct, 2012
      Bill
      I cannot give you a back-and-white, yes-or-no answer to your question. If you wrote a check to a payday lender on your current account, the answer to your question would be straightforward — there would be no criminal intent unless you told people, "I have no plans to ever repay this payday loan."

      However, you wrote the check to a payday lender from a closed account, which is a different set of facts. Did you intend to give the payday lender a check from your old account? You say you did not, and I believe you, but what does the district attorney in your city or county infer from your actions? That is a question I cannot answer. My advice? Do your best to work out a successful plan to repay this loan so you do not find out how your district attorney views the matter.
      0 Votes

  • 35x35
    Oct, 2011
    Crystal
    I live in NY and have 6 payday loans, all done online. With the combined loans my account has been left with a negative balance of $300 or more for the past 2 months. I put a hold on the account for no further transactions and they are now calling my job (a lot), also I have been contacted by O'Brian, Wexler and Associates who say they are representing DJR group and they want me to pay triple on the principal loan. I am confused and would like to know is there a law firm in NYC that you can recommend that can help me and will they at least have them call my personal phone and not my job phone. I am a single mother of 4 and cannot afford to pay them all back at the same time and they have been taking their fees for the past 4 months which has not gone towards the principal loan, so in actuality, I have already paid in fees to each of them, about 3 times the original loan amount. Help PLEASE I an soooooooo very desperate!!!!!!!!
    0 Votes

    • 35x35
      Oct, 2011
      Bill
      See the Bills.com resource New York Payday Loans to learn how New York's laws protect consumers residing in that state. Contact the New York Legal Aid Society for legal assistance.
      0 Votes

  • 35x35
    Oct, 2011
    Mia
    I was at PayDay loans online through www.moneyforbillsandmore.com but once I saw the outrageous amount you pay for them I declined all offers over the phone and never responded to any emails. Then Anasazi group LLC deposited money.. 250.00 to be exact into my bank account without my permission and no legal documentation signed by me agreeing to the loan. I live in North Carolina and these kinds of loans are illegal. Am I legally bound to pay this back? I emailed them telling them to take the 250.00 back and nothing more and haven't received a response yet. Since it is the weekend I can't contact my bank or the loan company.
    0 Votes

  • 35x35
    Oct, 2011
    Tonya
    I live in North Carolina. I have a two cash advance loans, Plain Green Loans and DJR Group LLC. In the state of NC, payday loans are illegal. Since these loans are not in my state, I would like to stop payments and set up payment arrangements with each lender. Is this possible?
    0 Votes

    • 35x35
      Oct, 2011
      Bill
      Yes, you can do as you suggest, and I like your plan.
      0 Votes

    • 35x35
      Nov, 2011
      Jazi
      I like that concept. I live in Georgia and payday loans are not legal here either. I also have a loan from Great Plains. How is it possible to stop payment and make arrangements with the lender?
      0 Votes

    • 35x35
      Nov, 2011
      Bill
      First, if you are the victim of a payday lender, contact your county district attorney and notify the Office of the Commissioner of Insurance, Industrial Loan Division (404-656-2078), the agency handles complaints regarding payday lenders in GA.

      Find out what your obligations are — whether you have to repay the amount you borrowed or if you can take action against the lender.
      0 Votes

  • 35x35
    Oct, 2011
    Julian
    I have taken 3 payday loans out and really is much more than i should have considered taking, but at the time it was an emergency. All 3 loans take out about $500 per paycheck and I'm struggling to keep up to pay those and my other bills. I live in Nevada and see that you can speak to the companies about a repayment plan, however, that will still have them taking $500 a paycheck out until their paid off, but I am not sure I can survive much longer with $500 being taken out of every paycheck. Do you have any advice on what my next step could be other than a repayment plan? I was thinking about switching bank accounts but it would be a hassle. I have so many bills automatically come out of my account. I would do it if it means being able to pay these loans off without the $500 a paycheck, but wanted to see if there are any other options I might have first. Please help!
    0 Votes

    • 35x35
      Oct, 2011
      Bill
      An idea: Close the account in question, save as much as you can, and then negotiate a lump-sum settlement or settlements with the lender(s).
      0 Votes

  • 35x35
    Oct, 2011
    Rose
    CashAdvance will not work with me, I went to cash a check at a different location. They took my check and they applied it to a 3 year old loan. I even pleaded that I was working with a collection agency. They are heart-less.
    1 Votes

  • 35x35
    Sep, 2011
    CYNTHIA
    Okay I have took out 5 payday loans and i have paid 1 back but cant pay the other four i am getting threatning calls of being charged in court. I am worried i am a single mom and could pay them i lil here and and lil here but not in full and they dont except that. S o what my question was that if i close my bank account is that a crimanial charge?
    0 Votes

    • 35x35
      Sep, 2011
      Bill
      Changing banks is not a criminal act. As the original answer above explains, failing to repay a loan is not a criminal act, unless the lender can prove the borrower never intended to repay the loan.
      1 Votes

  • 35x35
    Sep, 2011
    Tracy
    This is the only section I could find that was close to what I took out. I visited a local Speedy Cash because of a HUGE emergency that I just had to take care of. They offered me a "new" kind of loan. They could give me $2700 using my financed vehicle as collateral. I am upside down on the car even though my payments are current so I was surprised they would even consider taking it as collateral but again I was desperate. It has only been one month and I CANNOT make the payment due. I have also just not realized that after making a $208 payment only $8 will go to the principal balance of the loan. Basically I am going to be paying over 7 grand on a $2700 loan. I regret taking this out so badly but there is nothing I can do right now or anytime in the future. I expected things to get better but they have just gotten worse and worse. My question is, are they going to take my car? If so how can they take my car when I don't even own it yet (and I won't for a few more years). I signed a paper with them about "power of attorney" at the DMV, what does that do? Is there any way I would be able to keep my car besides paying them right now? PLEASE PLEASE HELP.
    0 Votes

    • 35x35
      Sep, 2011
      Bill
      If the $2,700 loan you mentioned was secured by your vehicle, which is what you suggest in your message, then if you do not pay the monthly payment then you should expect the vehicle to be repossessed.

      You asked if you have any options. Your only option is to negotiate a delayed payment.
      1 Votes

    • 35x35
      Sep, 2011
      Tracy
      They will NOT work with me. I am just wondering HOW they are able to take the car when it is not mine? If they repossess the car are they responsible for the rest of the car payments? (which well excede the value). The car belongs to premier auto credit. Speedy cash does not have a deal with them, so how can they take the car that belongs to them? I am just really confused as to how this loan was even approved. I was in such a horrible state when I took out the loan I really think I got scammed in some way.
      0 Votes

    • 35x35
      Sep, 2011
      Bill
      I cannot comment on loan contracts I have not read. The best way for you to learn your rights and liabilities is to consult with a lawyer in your state who has experience in consumer law. He or she will read your loan contracts, and will advise you accordingly. If you cannot afford a lawyer, call your county bar association and ask for the names of the organizations in your area that provide no-cost legal services to people with low and no income. Make an appointment with one of the organizations, and bring all of the documents you have regarding your debts to your meeting. The lawyer you meet will advise you accordingly.

      You mentioned in your earlier message that several debts are overwhelming you. Ask the lawyer you meet about bankruptcy, and if you qualify for chapter 7 bankruptcy. Also ask about your alternatives to bankruptcy.
      2 Votes

  • 35x35
    Sep, 2011
    Amy
    SOMEONE PLEASE HELP ME HERE! Ok so I have 5 payday loans...I live in Missouri. I know it's ridiculous but at first I didn't really know the difference between that and installment loans and I ended up taking more out trying to pay off the others and never could get enough to pay it off completely and never had any extra cash out of my checks. Well, I got a payday loan debt consolidation company to take over and a couple of my lenders aren't cooperating and aren't negotiating. The consolidation company tells me to continue telling them I'm working with them and then when it goes to collections to immediately send the info to them so they can negotiate with the collection company. It's really stressful. I want out of this. Will I get in trouble for not making a deal with the lenders since I'm paying money to the consolidation company? Any personal experiences?
    0 Votes

    • 35x35
      Oct, 2011
      Dorien
      Check with the Sec. Of State site.There are laws where a debit collector must have s surety bond on file. No bond no collection.
      1 Votes

  • 35x35
    Aug, 2011
    Rebecca
    I had a payday loan in default ( I guess), I had a company call me and say that they were going to serve me papers and suspend my license if I did not pay it. So I paid like 535.00. Now, they called me again saying I have another outstanding payday loan and if I do not pay it, it will go to court and my license will be suspended. How do I know if these are legitimate and can they really suspend my license?
    0 Votes

    • 35x35
      Sep, 2011
      Bill
      A payday lender cannot suspend your professional license. You should check with the supervisory agency for your profession that grants your license to find out what leads to a suspension. The worst that a creditor can do is to sue you and get a judgment against you. Find out from the license-issuing agency if a judgment puts you at risk.

      Keep in mind that there are debt collectors that use lies and threats to get people to pay. Do your homework. Check out the agency's reputation online. Check with the state agency that regulates payday loans in your state. Lastly, never pay on a debt you are not sure you owe, before validating the debt.
      0 Votes

  • 35x35
    Aug, 2011
    Linda
    I took out a line of credit at a payday loan place in Virginia and I have defaulted on the payments. These people are constantly harassing me and won't make any payment arrangements with me and now a law firm is contacting me at my job. What do I do if they are demanding the loan amount in full & I can't make any payment arrangements?
    0 Votes

    • 35x35
      Aug, 2011
      Bill
      Please read the Bills.com article about pay day loan collection advice, then ask any follow up questions on that page.

      Make sure to read the part about the FDCPA, as you can stop calls at work, if you take the right steps.
      0 Votes

  • 35x35
    Jul, 2011
    No Name
    I also have a payday loan which is current now but one of the employees @ the payday loan facility suggested that I default the loan then I would only be responsible for what I owe and no longer the interest. Is that true because I am thinking about changing my account and going through with it? I am in Texas by the way.....HELP PLEASE
    0 Votes

    • 35x35
      Jul, 2011
      Bill
      Please see the Bills.com resource Payday Loans & Hot Checks in Texas to learn more about your rights and liabilities as a Texas resident.
      0 Votes

    • 35x35
      Jul, 2011
      ameri
      Hi I took out some payday loans and have not got caught up in how i am to pay them. I found a pay day loan consolidator online and would like to know if these companies are legit or not, or if you could refer me to a payday loan consolidator. I am at my wits end and I don't know what to do anymore, I just need to find a way to pay without a whole lot of money being deducted from me. Please advise.
      2 Votes

    • 35x35
      Jul, 2011
      Bill
      Bills.com has no experience with payday loan consolidators, nor have any Bills.com readers expressed an opinion to Bills.com about them. I recommend great caution before signing any contract to refinance a payday loan, and be sure to understand your state's laws regarding payday loans before consolidating payday loans.
      1 Votes

  • 35x35
    Jul, 2011
    Kris
    I have a debt collector calling my place of work demanding payment for an online loan they say I took out years ago. Their scare tactic of reading me my rights on the phone worked on me temporarily and I gave them my debit card info. When I came to my senses, I stopped the authorization to debit my account and then demanded proof that I actually owe the debt. I honestly don't know for sure if I have a debt out there, so I asked for proof and the collection agency known as ACS would not send me any proof. My bank also asked for proof and after 60 days of not hearing back from them, my bank gave me back the money ACS charged against my debit card. Last week I got a call from ACS and they left a message telling me they were going to "mess me up". Today, I got a call from a woman claiming to be "process server" and was informing me that she had court documents to serve against me for something like theft by fraud. She then told me that since she couldn't reach me by phone that she would have to serve me at my work or at home, then told me to call the attorney's office she was working with and then ended the call with "you have officially been notified". I live in the State of Colorado. Based on what I just told you, can they serve me with a notice to appear in court to face criminal charges, and do you know anything about this company called ACS? I have never received anything from them in the mail - only threats by phone. I may owe the debt, but I can't say for sure if they won't send me any proof that I owe the debt. Any advice? Again, I live in Colorado. Thank you.
    1 Votes

    • 35x35
      Jul, 2011
      Bill
      You should speak with an attorney in your area that specializes in violations of the Fair Debt Collections Practices Act. It sounds to me as if the debt collectors are behaving improperly and likely illegally.

      Most attorneys who handle these cases do not require an upfront fee.
      0 Votes

    • 35x35
      Jul, 2011
      Kris
      Thanks - I will do that. Hard to believe they would risk leaving a threatening message on my voicemail. Have you heard of ACS? They have heavy Indian accents and use the name Dennis Petersen when they call.
      0 Votes

    • 35x35
      Jul, 2011
      Bill
      A quick search online reveals numerous complaints about ACS from people receiving calls like the one you described, and many that mention "Dennis Peterson."

      Read the Bills.com article about fake debt collectors. If you feel that you don't owe this debt, then take the steps outlined in the article to complain.
      1 Votes

    • 35x35
      Oct, 2011
      Amber
      My fiance, has also been receiving threatening phone calls from a similar company. They have also been harassing several of his family members in regards to his supposed debt to them. These phone calls started around the same time he had been searching online for loans company's and filing out applications online. I suspect that this is how they got his information and phone numbers. They even went as far as to tell us that they would be taking money from our account and tried to verify our account info, which was correct. I notified the bank and switched my account information, but we still get phone calls from them to this day, and all of this began about 8 months ago, maybe even longer. Good luck to you in your case; I genuinely hope you are able to get it resolved quickly. Those people just do not give up. All of the people I spoke to all had heavy Indian accents too, some men, some female. and they all threatened us with various criminal charges if we did not pay them immediately. They also wold never disclose the exact amount he supposedly owed, why he owed the money, or any real details about the debt at all. That was the first act on their part that made me raise an eyebrow to their legitimacy. They have even went as far as to send us both emails informing us that we are "formerly" being charged with various criminal offenses, write down or rights as if they were actually arresting us, and so forth. It's ridiculous. the bet part about it is that they don't even run their emails through spell check before they send them. Each email has been wrought with tons of grammar and spelling mistakes. Lol. Anyways, I wish you luck, and I too would like to know if there is any kind of legal action I can take against them, since they are obviously committing/ possibly attempting to commit fraud. Thanks for your help and all your time. Many Blessing, Amberlynn Gordon
      0 Votes

  • 35x35
    Jul, 2011
    Latressa
    I live in South Carolina and I have three payday loans in which I am unable to pay in full @ this time because I'm unemployed. Also I recently checked my credit report and saw them listed on it. An attorney from New York contacted me last week and has threatened to take me to court and I was going to give him the information from my husband;s account and then change my mind to giving information to my account through unemployment. However they do not want to use my unemployment card information. I don't know what to do.
    0 Votes

    • 35x35
      Jul, 2011
      Bill
      South Carolina has strong wage protection laws, limiting the types of debts that can lead to a wage garnishment.

      I think the attorney, if he or she is really an attorney, is trying to frighten you into paying on the debt now. Your unemployment can't be garnished. Your husband is likely not responsible for the debt at all. The attorney has to sue you in South Carolina or sue you in New York and then go through the process of domesticating the judgment in South Carolina, before your bank account could be at risk.

      Lastly, it is a violation of the Fair Debt Collections Practices Act (FDCPA) for a debt collector to threaten actions it does not intend to carry out. In your case, the attorney can't threaten to sue you, in order to scare you into paying, but only if he or she really plans to sue you. If threats persist, contact an attorney about suing the debt collector for a violation of the FDCPA.
      0 Votes

  • 35x35
    Jun, 2011
    Aime
    Is it true that any high interest lenders that show on your account (payday loans) should be removed bad or good because this is an indication that at one time you were using high risk lenders?
    0 Votes

    • 35x35
      Jun, 2011
      Bill
      Many payday lenders report borrowers' loans to the credit bureaus, even though they don't usually use borrowers' credit score as a basis for making the loans.

      You can't control whether or not they report or have them removed from your report, if they do appear on your report.
      0 Votes

  • 35x35
    May, 2011
    JAY
    Hello. I am from Texas and I have a criminal case against me from a payday loan company They have put a felony charge on me for theft ...I wanted to get sum legal insight on this B4 I go to court...I was arrested also..but bond out...please share some knowledge thanks
    0 Votes

    • 35x35
      May, 2011
      Bill
      If you were arrested for a felony, you need more assistance than anyone can offer you via a Web posting or e-mail. Consult with a Texas lawyer who has criminal law experience.
      0 Votes

    • 35x35
      May, 2011
      louisa
      why were you arrested. is that the law in your state? did you do a payday loan with check or did you do one without a check
      0 Votes

  • 35x35
    Apr, 2011
    Taisha
    I live in Washington, Dc and I took out some payday loans. I wanted to know what are my rights and regulations in Washington, Dc on these things. Cause unless I was misinformed its illegal to issue them to residents of DC
    0 Votes

  • 35x35
    Jan, 2011
    Malinda
    Virginia licenses and regulates these people, however, there are former payday loan sites in Virginia, specifically my area who are no longer licensed and continues doing payday loans of any amount. A retarded friend of mine was just taken advantage of by one of these. He borrowed $2200. He only makes $194 a week. The lender knew this. He signed the check (can't fill it out) and the lender filled it out for $3400. I offered to pay it for $2500--but the guy told me he wouldn't give the check to me. Now he is taking the poor man to court. Watch out for these guys. They are loan sharks.
    0 Votes