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Question from kg_TeacherNov-3
What constitutes "fraud" when dealing with these places and loans? I have borrowed and paid back, then borrowed and paid back several times before I defaulted on these kinds of loans. I did have two online loans that I don't think I ever made a payment on, does that constitute fraud, the fact that I may have never made a payment? But what about the ones that I have a history with them of paying back loans before defaulting finally?
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pg1067 Nov-3 89219.2

"What constitutes 'fraud' when dealing with these places and loans?"

That's an impossibly vague question.  Fraud may be defined slightly differently in each state, and you didn't identify your state.  However, fraud is generally defined as the making of a false statement of material fact, with actual or constructive knowledge of the falsity, where the person to whom the statement is made actually and reasonably relies on the statement to his/her detriment.

"I did have two online loans that I don't think I ever made a payment on, does that constitute fraud, the fact that I may have never made a payment?"

I'm not sure what an "online" loan is.  However, the failure to pay as agreed on a loan does not, by itself, constitute fraud.  It might be fraud if you borrowed the money without any intent of repaying it.  Again, it depends on the applicable state law.

"But what about the ones that I have a history with them of paying back loans before defaulting finally?"

What about them?

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kg_Teacher Nov-4 89219.3

Sorry didn't mean to be so vague. I am in Texas and I have had a pay day advance company threatening to turn me into the "prosecuting attorney" I assume for fraud. However I have borrowed from them more than once and paid them back except for the last loan, I only paid a few payments on it. The reason I asked about the loans I have had a history of paying on was because I felt like I showed my intent was to pay them back, therefore would not be defined as fraud. The online loans I referrred to are the pay day advance places that deposit an amount in your checking account and then debit your account for the payment, but I never had money in my account to cover the payments. That's why I was concerned they could make a claim of false pretenses when I received their loans and never made a payment back to them. But they are not the ones threatening me. I don't know if I am corresponding with the same person each time I ask a question, I am new at this, thought maybe I was because I had already asked a question and received a response and had told them I was in Texas.  Thanks for your help.

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pg1067 Nov-4 89219.4

"I have had a pay day advance company threatening to turn me into the "prosecuting attorney" I assume for fraud."

I wouldn't be so quick to assume that this is anything other than a strong arm tactic to get you to pay the debt.  In fact, it is likely that the making of this threat constitutes criminal extortion, so you might give some consideration to reporting the threat to the cops.

"However I have borrowed from them more than once and paid them back except for the last loan, I only paid a few payments on it. The reason I asked about the loans I have had a history of paying on was because I felt like I showed my intent was to pay them back, therefore would not be defined as fraud."

That you have a history of borrowing and repaying the loans as agreed is evidence that you intended to pay the current loan as well, but it's not dispositive of the issue.

"I don't know if I am corresponding with the same person each time I ask a question, I am new at this, thought maybe I was because I had already asked a question and received a response and had told them I was in Texas."

The folks who respond to posts here are not employees or agents of the company that owns and maintains the message boards, and you can see the screen name of each person who responds right above each post.  However, even if I had responded to some prior post of yours in which you had identified your state, I don't remember from day to day the screen names of every person who posts here or what information they may have included in prior posts who knows how many days, weeks, or months ago.  Some other regulars here are better at that than I am, but whether anyone remembers information from some old post of yours is not something you can just assume.  :-)

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kg_Teacher Nov-6 89219.5
Thank you so much for your time and information. I feel much better now.
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