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

[Ram Meadors]

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 ?

 

[army judge]

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.

 

[Ram Meadors]

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.

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 ?

 

[army judge]

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.

 

[Zigner]

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

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.

 

[army judge]

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.

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".

 

[Zigner]

The lender would have to prove where the person resided, assuming his residency was called into question.

Agreed.

You might wish to offer advice to the OP.

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.

I have no dog in this or any other fight.

Nor do I

I get the feeling that our OP was initially living "off the grid".

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.

 

[adjusterjack]

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 ?

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.

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 ?

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.

 

[zddoodah]

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

are they bluffing ?

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

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 ?

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.

 

[Ram Meadors]

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.

- 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 ?

 

[Ram Meadors]

Collection agencies are like the Spanish Inquisition.
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...... If they sued it would be were you are and the judgment is enforceable there.

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

 

[Zigner]

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 ?

I think they are trying to scare you.

But...

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

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

 

[PayrollHRGuy]

I think they are trying to scare you.

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

 

[Tax Counsel]

write it off as tax deduction ?

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

now they offered a Final pymt of $300 to expunj

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.

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

Those threats by a collection agency would also violate the federal Fair Debt Collection Practices Act (FDCPA).

 

[Ram Meadors]

I think they are trying to scare you.
But...What does "Final pymt" mean? Have you made other payments?

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 !

 

[zddoodah]

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

so they can't sue me ?

Anyone can sue anyone for anything.

Can be transfered from TX or TN huh ?

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.

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

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.

 

[PayrollHRGuy]

Those threats by a collection agency would also violate the federal Fair Debt Collection Practices Act (FDCPA).

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

 

[Ram Meadors]

You don't get a tax deduction for paying off a personal loan.
---------------------------------
no Not for me - was sayin maybe they wouldn't bother me + later do a tax write off
----------------------------------

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.

--------------------------------
ok If they can sue me up here in OH court - then this site shows SOL is 15 yrs or maybe 8yrs ?
then i won't need no lawyer + i'll defend it by SOL to get it dismissed ?
-------------------------------

Those threats by a collection agency would also violate the federal Fair Debt Collection Practices Act (FDCPA).

+ i do Thank you for your help

 

[Zigner]

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 !

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.

 

[Ram Meadors]

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.

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