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will Texas Finance cash advance Co.s extradite default by non-pymts from ohio ?

Discussion in 'Credit, Debt and Collection' started by Ram Meadors, Sep 15, 2021.

  1. Ram Meadors

    Ram Meadors Law Topic Starter New Member

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    Jurisdiction:
    Tennessee
    In Nashville TN 2008 Id took out $1,000 loan to pay rent - then 2010 got kicked out to camp in trees for 5yrs then moved to Ohio to live with friend + forgot about that loan - then they found my phone# to leave msg saying if i don't call back to setup pymts they'll put out warrant to sue me in court for bank fraud felony - are they bluffing ?
     
  2. army judge

    army judge Super Moderator

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    Only a prosecutor or district attorney can issue an arrest warrant.

    The loan company can file a police report, or sue you civilly.

    The SOL for a personal loan in TN is six years.

    It might be prudent to simply block all communications from the lender and live your life.

    Of course, nothing prevents you from paying the tribute demanded in full.
     
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  3. Ram Meadors

    Ram Meadors Law Topic Starter New Member

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    Thanks for being so quick - yea Im planning to pay the balance $300 whenever getting paid by online biz + Id forgot to say Id deleted all their emails coz thought they'd never bother me + write it off as tax deduction ? - shoulda kept 1 to know their name - WHEN they 1st called - i was gonna deny it - jus like i did to a caller few yrs ago - bu they gave more detail + didn't want to get prosecuted for fraud so we setup pymts with my online Esig - now they offered a Final pymt of $300 to expunj - so i Need to know if can court order me to extradite down to TN or TX is thier home office - or transfer case up to here in Col. OH ? or not ?
     
  4. army judge

    army judge Super Moderator

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    I don't think TN would even charge you with a crime, much less extradite you from Ohio over a delinquent loan.

    STOP worrying, live your life.
     
  5. Zigner

    Zigner Well-Known Member

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    This may be true (I haven't checked), but the OP left TN and settled in OH 5 years after he (presumably) last made a payment on the loan, so there may be a problem of tolling.
     
  6. army judge

    army judge Super Moderator

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    The lender would have to prove where the person resided, assuming his residency was called into question.
    You might wish to offer advice to the OP.
    I have no dog in this or any other fight.
    I get the feeling that our OP was initially living "off the grid".
     
  7. Zigner

    Zigner Well-Known Member

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    Agreed.
    Ok - OP: While the statute of limitations in TN is 6 years, the fact that you left the state 5 years after your last payment may have "tolled" (paused) that limit. This is something you should consider.
    Nor do I :)
    As do I...from ~2010 to ~2015.

    You also stated in a later post that "I don't think TN would even charge you with a crime, much less extradite you from Ohio over a delinquent loan." On this, I wholeheartedly agree.
     
  8. adjusterjack

    adjusterjack Super Moderator

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    Collection agencies are like the Spanish Inquisition. Their weapons are surprise and fear. They couch their demand with words that are designed to scare a debtor into paying.

    This likely was never a criminal matter nor a fraud matter, just a breach of contract for which you can be sued wherever they find you.

    There's no extradition for civil matters. If they sued it would be were you are and the judgment is enforceable there.

    If you decide to pay the $300 in lieu of a larger remaining balance make sure you get the agreement in writing (before you pay) saying that the $300 is full and final payment and the remaining balance is cancelled.
     
  9. zddoodah

    zddoodah Well-Known Member

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    Just FYI, the plus and minus symbols are not punctuation marks. Using real punctuation would make your posts easier to read.

    No one here can speak intelligently about the mindset of persons unknown to us.

    There is no extraditing in connection with civil cases. Nor can a civil case be transferred from one state court to another, but you could be sued in the state where the loan originated, and the judgment from that state could be domesticated and enforced in your current state of residence.
     
  10. Ram Meadors

    Ram Meadors Law Topic Starter New Member

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    - https:// thompsonburton .com/ litigation/2015/03/10/ statutes-of-limitation-how-long-do-you-have-to-file-suit - breach of contract – 6 years - actions to set fraudulent conveyances–7 years
    -
    glad you mentioned that as pausing coz now i know Im perty much safe from that - in Aug 2008 Id got that cash +didn't get any $ in marketing biz to try to pay them back + didn't hav no house bills coz owner paid that so was very close to living OffGrid till 2010 then went camping 2miles away till Oct 2014 - so it was 6yrs +2months near NashvilleTN then Id went up to here in OH after finding my good friend - Not to escape pymts coz Id 4got all about that loan -
    sorry so late id felt kinda bad all yesterday - so they can't sue me ? even tho Ive E-signed their form 4 months ago in May to make pymts ?
     
    Last edited: Sep 17, 2021
  11. Ram Meadors

    Ram Meadors Law Topic Starter New Member

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    so if they can sue me up here then it Can be transfered from TX or TN huh ?
    + on Wed 4;22pm they called +left msg ""for me +my lawyer to call them next morning coz they're going to hav to release case over to the courts + to tell me wher to go to self surrender""
    that's kinda vague - do you think it meens to court here ?
    Last week she said if i can't make Final pymt $300 then they'll take it to Dade county court - probly ther in TX - maybe i'll need to call for an attorney at 800-614-3020
     
  12. Zigner

    Zigner Well-Known Member

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    I think they are trying to scare you.

    But...

    What does "Final pymt" mean? Have you made other payments?
     
  13. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    And using a method that is illegal in many states. ie. Threatening criminal prosecution.
     
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  14. Tax Counsel

    Tax Counsel Well-Known Member

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    You don't get a tax deduction for paying off a personal loan.

    Paying off the $300 may be the cheapest and certainly easiest way to make this go away. Since you acknowledge you owe the debt it's not like you're paying something you didn't owe.

    The creditor can sue you, either in the state where the loan originated or in the state where you are now. If they sue you in the state where the loan originated there is the problem of getting service of process and also the extra step of then domesticating whatever judgment the creditor gets in the state where you now live to attach any income or assets you have there. If you are sued you can raise the statute of limitations (SOL) as a defense and perhaps defeat the lawsuit that way. Which state's SOL applies will depend on the state in which the lawsuit is filed and what, if anything, the loan contract says about which state's law applies.


    Those threats by a collection agency would also violate the federal Fair Debt Collection Practices Act (FDCPA).
     
    Last edited: Sep 17, 2021
  15. Ram Meadors

    Ram Meadors Law Topic Starter New Member

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    yea they must hav figured Id owed them late fees too = $1,500 - they setup monthly pymts of 200 + the 1st pymt in May 4th was 100 + 3 x 200 that makes 700 paid so far + out of 800 left they Last week offered final pymt - or settlement - of 300 + now Im broke !
    Looks like i maybe sweating for a month till a small investment in Big crypto deal back in march finally pays us a big withdrawal -- do hope you guys know what a 1/2 a relief it is to see your quick replys already !
     
  16. zddoodah

    zddoodah Well-Known Member

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    Again, the plus and minus symbols are not punctuation marks. Using real punctuation would make your posts easier to read.

    Anyone can sue anyone for anything.

    I told you in my prior response that a lawsuit filed in a state court in one state cannot be transferred to a state court in another state.

    Given that the OP apparently writes at the level of the average second grader, I'm not sure we can conclude with any degree of certainty that criminal prosecution is being threatened. Note that the OP has never used the words "crime" or "criminal," etc.
     
  17. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Correct, but there are some beefed-up penalties for payday loan collection practices.
     
  18. Ram Meadors

    Ram Meadors Law Topic Starter New Member

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    + i do Thank you for your help
     
  19. Zigner

    Zigner Well-Known Member

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    If you've been making payments against this debt recently, then it's quite possible (even likely) that the time limits discussed above are irrelevant.
     
  20. Ram Meadors

    Ram Meadors Law Topic Starter New Member

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    well when Id 1st called back she did say they can sue me for fraud or maybe bank fraud + you're sayin if they don't file down in TN they can tell their lawyers up here to file case in OH court up here ?
    - BTWay what is OP ?

    oops in my reply to tax counsil Id 4got to put - this site https: //www .ohiodebthelp .com/ statutes-of-limitations-in-debt-lawsuits

    + do you got sumthin against farmers or hillbillers who separate ideas with a dash like - "and" am i doing a mathematical equation by using "minus" signs ? No + lots of us got bad eyes to try n see a tiny , or . for perfect punctuation - while trying to be 3rd graders -Ive seen few posts with real Long paragraphs w/o any dots can't even tell wher each idea ends or begins- Id stopped reading those types - at least mine are less confusing + we got bigger fish to fry than to appease such wannabe teachers
     
    Last edited: Sep 17, 2021

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