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Jon W asked:

I recently took out a payday loan and in order to do so they required I write a post dated check. I can’t afford to pay the amount right now. If I simply close out the account to avoid overdraft and NSF check fees from my bank, is that considered fraudulent and can I be criminally charged?

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  • holeeycow Says:
    January 1st, 2009 at 10:45 am

    your account won’t actually close if new checks keep coming in. they open it up to charge you the nsf fees. fun fun fun.
    just pay your bills so your credit doesn’t get any more ruined. Yes, you will be criminally charged for writing checks.

  • Frog M Says:
    January 1st, 2009 at 7:08 pm

    That would legally be considered fraud. I think the punishment for it is far worst than overdraft fees!

  • nigel v Says:
    January 4th, 2009 at 2:46 pm

    yes, this is a criminal act to defraud a financial institute.

    The penalties may be worse than NSF fees. Reconsider

  • bubba Says:
    January 5th, 2009 at 9:19 pm

    Account won’t be closed until all checks have cleared - won’t work

  • Kyle m Says:
    January 8th, 2009 at 5:52 pm

    Your proving to me that people no longer have personal accountability.

    You got in the agreement by post dating a check, you agreed to the terms,

    you got broke and greedy and now you want everything for nothing ???

    At least you can do is call the company you post dated the check to, tell them you are a financial disater waiting to happen and see if they can help you out in any way before you put yourself in deep legal#$

    It never hurts to ask for help.

  • left_coast_punk Says:
    January 12th, 2009 at 4:16 am

    Yes, if they wanted pursue the issue. Depending on the state you live in, it’s considered a felony to write a check on a closed account. You can go to jail, it’s not worth it dude.

  • Big Bobby Clobber Says:
    January 12th, 2009 at 6:15 pm

    That is fraud. There are a whole host of charges that they can select from. but a bad check charge will keep you from a lot of jobs in the future, and a criminal record does not go away.