You warrant that you have not filed and do not anticipate filing bankruptcy within the next ninety (90) days or prior to collection of any outstanding check cashed by
In the event that you file bankruptcy you agree that will not be named as a debtor of such bankruptcy and hereby authorize Tylertown Check Cash to collect on any outstanding check by whatever means it deems necessary. You acknowledge that the cash paid to you by Tylertown Check Cash in connection with this Agreement was tendered to you the same day as the date set forth below.
You understand that there will be no refund of any portion of the service fee if the check is prepaid before the presentment date, and that you may not repay the amount noted with the proceeds of another check cashed by Tylertown Check Cash or any affiliates of Tylertown Check Cash PRE-AUTHORIZED ELECTRONIC FUNDS TRANSFER PAYMENTS. You authorize Tylertown Check Cash to initiate debit/credit entries to your account for all payments due including any returned unpaid item fees due on which the subject of this agreement is drawn and the financial institution at which the account is held to debit/credit the same to such account. This authority is to remain in effect until Tylertown Check Cash and the subject financial institution have received written notification from you of its termination in such time and manner as to afford at least (15) business days prior to the payment due date. You further understand that cancelling your authorization does not relieve you of the responsibility of paying all amounts due in full.
You acknowledge and agree that Tylertown Check Cash may check the credit information you provide and may request further credit reports in connection with this agreement.
You certify under penalty of perjury that you are not active duty in the United States military or a dependent of someone who is active duty in the United States military. You further certify that you are not active duty in the National Guard or Reserves, and you are not a dependent of someone who is active duty in the National Guard or Reserves.
You understand that there are additional terms of the Agreement set forth below and those terms are incorporated as though printed in full here. You hereby acknowledge receipt of a copy of the front and reverse side of this Agreement.
In addition to agreeing to the terms of this Agreement, you acknowledge by your signature the receipt of a consumer education pamphlet regarding this transaction.
You certify that the information herein is true and correct and you authorize Tylertown Check Cash (the company) to verify any information given for the purpose of this transaction.
You will be in default under this Agreement if:
1. You stop payment on the check or otherwise cause the check not to be honored on the presentment date.
2. You provide false of misleading information about your employment or financial condition (including the account upon which the check is drawn) prior to entering into this agreement; or
3. Any of the following events occur: appointment of a committee, receiver or other custodian of any of your property, or the commencement of a case under the Federal Bankruptcy Laws by or against you as a debtor.
Should you default under this Agreement, the Company may, as its options, exercise any of the following remedies:
1. The Company may charge a $30.00 processing fee if your check is returned for any reason.
2. If payment is not made after written demand, the Company may go to court and get a judgement against you for the then unpaid amount of your obligation to the company. In the event a judgement is entered into the Company’s favor, the Company may seek to collect this judgement through all judicial means necessary including attaching said judgement to your non-exempt property or garnishing your wages.
3. If the Company is advised by your bank or other financial institution that the check has been altered, forged, stolen, obtained through fraudulent or illegal means, negotiated without proper legal authority, or represents the proceeds of an illegal activity, the Company is required by law to notify the Department of Banking and Consumer Finance and the district attorney for the jurisdiction in which the check was received, and if the check is returned to the Company for any of these reasons, the Company may not release the check without the consent of the district attorney or other investigating law enforcement authority.
4. If this matter is placed with an attorney for collection of any and all monies due and owing to the Company, all reasonable and necessary costs and expenses of collection, specifically including, but not limited to reasonable attorney fees and other damages as set forth by the court shall be paid by you.
You warrant and represent:
1. That your check is written on a legitimate bank account and that such account has not been suspended, closed or otherwise acted upon by you, your bank or any other party in such a manner as to render the checks written thereon invalid.
2. That you are financially solvent.
3. That you are not currently in the process of instituting bankruptcy proceedings, nor do you intend to institute such proceedings prior to the time that your check is negotiated as provided herein; and
4. That you have no foreclosures or other legal collection suits pending.
Based on the foregoing warranties and representations the Company is willing to enter into this transaction provided for herein. You understand that your signature constitutes an affirmative representation of your solvency and that the Company is relying on such affirmative representation in entering into this Agreement with you.
We will not disclose to others the information that you provide to us except as disclosed in this statement. Sometimes it may be necessary to release your name and/or information to government agencies in order to comply with the law. However, we will not release any information unless we are legally required to do so and will provide only the information that the agency requires. We may release your name and/or other information that you provide to check your credit and verify the information supplied by you as a part of this contract. We may release your name and/or any other information you provide in order to collect any monies due to us, either under this or any other agreement that you may have with us. We do not currently offer our customer lists to other companies. However, we reserve the right to change this policy at any time.
The Company shall not be liable to you for any indirect, special or consequential damages arising out of or related to this contract, even if the Company has been advised of the possibility of such damages. In no event shall the Company’s liability, if any, exceed the price paid by you for the services rendered hereunder. Where disclaimer, exclusion or limitation of liability for consequential or incidental damages is limited by law, our liability is limited to the greatest extent permitted by law.
In consideration of the Company’s agreement to enter into this transaction, you hereby release the Company from any and all claims whatsoever arising out of any previous transactions between the Company and you. You hereby expressly agree not to assert against the Company, in any court of law, any claim or claims that you had, now have, or may have, known or unknown, based on any transactions conducted prior to today’s date.
If any provision of this contract is held to be invalid, illegal or unenforceable, such determination shall not affect the validity of the remaining provisions.
This Agreement was executed at the Company’s office in the State of Mississippi. The agreement and this transaction and arrangement with the Company shall be governed by and construed and enforced solely in accordance with the internal laws of the State of Mississippi.