Has anyone ever won a case against a check advance business because of a technicality?

January 27, 2010 by admin · 3 Comments
Filed under: Law & Ethics 
business suit
breeze1 asked:

A cash advance business deposited one of my checks and it was returned insufficient funds. According to my state’s banking laws if a check is returned for insufficient funds the business is required to inform you in writing of your options to pay it off in four equal monthly installments before they take any civil action. They did not inform me of this and filed suit in court. Can I beat this in court? Since they didn’t follow state regulations, can this be dismissed?

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Comments

3 Responses to “Has anyone ever won a case against a check advance business because of a technicality?”
  1. Yahoo is Stupid says:

    Read your paperwork. You probably signed something that waives their responsibility to send you that notice, and allows them to go right into litigation. Yahoo is Stupid

  2. Sarelda says:

    I could be wrong but I thought that these were considered loans. That you defaulted on a loan, not wrote a bad check. Is that a part of this at all? bad checks are worse than defaulting on a loan isnt it (legally I mean) Sarelda

  3. hexeliebe says:

    If you would like an answer to your question, then don’t you think it would be important to name the state where this occurred? hexeliebe

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