Commercial collection agency – Threats of Criminal Prosecution. Does the borrower’s “bad check” in a quick payday loan represent a criminal activity?

Commercial collection agency – Threats of Criminal Prosecution. Does the borrower’s “bad check” in a quick payday loan represent a criminal activity?

You’ve got asked four questions regarding the connection of unlawful bad check regulations into the defined deposit financing company, commonly called “payday loans,” or “check always loans.”

Together with your inquiry, you forwarded two collection letters employed by payday loan providers together with NSF checks which invoke the specter of criminal prosecution as a result of non-payment of a check loan. (Copies are appended as Attachment the, because of the identification regarding the loan providers redacted.)

SUMMARY

The questions arise being an outgrowth of the three 12 months old statute which legalized the business enterprise of using “cool” checks for defined deposit in return for a charge, as a way of earning tiny loans.

Since are going to be talked about in more detail below, these transactions are short-term, small-sum loans that are the subject of a particular usury statute permitting very high interest levels. Any default on these loans will necessarily involve a bounced check because the check itself serves a dual function in these “check loans” or “payday loans” — both as a substitute for the promissory note/credit contract/security agreement — and, simultaneously, as a method of repaying the debt at a later time. 1

Does the borrower’s check that is“bad in a quick payday loan represent a criminal activity?

Although the workplace of this ICCC Administrator isn’t vested with statutory authority to interpret Iowa Code В§ 714.1(6), the rule provision making false drawing and uttering of the check (now described as “theft by check”) a criminal activity, it’s important to exan1ine exactly how that supply would probably be reproduced to default on a quick payday loan to determine whether a payday lender’s threats invoking the specter of unlawful process violates the Iowa business collection agencies procedures Act, Iowa Code В§ 537.7103.继续阅读