[imkimssister]

LOL I met my husband the day after thanksgiving and we got married three days after christmas, the same year! so we met and only knew each other a month before we got married. That was 26 years ago---and they said it wouldn't last! ha! Shirley

[Cow & Chicken]

Also, any local payday lender that I walked into, had me use that the regular date on my check, I never post dated it. All the online ones are post dated though from ach. It's all a fine line. I will have to seek further information regarding this is my state. Wow shirley! Great for you guys!

[Jedi Mistress Ari]

It's always the whirlwinds that end up lasting!

[Jedi Mistress Ari]

Oh, btw Shirley! 26 years! That's how old I am! And I was assuming you were the same! Mostly based on the first pic you posted, I just thought you had kind of a baby face and you were perhaps a teenager or college student. Please tell me you and Mr. Shirley got married as teenagers, there no way on God's green earth you're in your 50's! Although, these days 40's and 50's don't look the same as they used to.

[LCW]

I was trained to look at these loans as cut-and-dry. People who can't make it from one paycheck to the next walk into a pawnshop and trade a postdated check for a wad of cash. Usually the check bounces and that's where I come in. As far as working the accounts went, I was using the same tactics I used in student loans, I was finessing these people and trying to convince them to pay back by reminding them of potential credit damage. I was told that the reason it doesn't work is because the general population of people who stoop to this level of going to a pawnshop for a loan are uneducated hustlers and I have to get a little rough with them!

Wow Ari. Usually I find your posts informative and level headed. But your most recent post makes it evident that their brainwashing is beginning to work on you.

Just because a person has met with financial challenges and takes a short term loan in a misguided, though well meaning effort to attempt to address that situation, DOES NOT mean they are deadbeats and don't give a "rats ass about their credit". The use of stereotyping by your employer is quite evident in your post, as is the fact they obviously hold little if any regard for the consumers they are contacting.

Maybe it's time to focus on the situation as it is. It sounds as if your employer isn't really the upstanding agency you previously claimed, but is actively instructing you to "get a little rough" (sounds like they are saying "don't violate any laws, but do what ever necessary while giving a suggestive wink). I am not suggesting you are not upstanding, but rather that you got into a situation that is not what it seems on the surface.

It is not the right or responsibility of the Collection Agency (their owners, employees, agents, etc) rto pass judgment or to determine an individuals intention at the time the transaction was executed.

They can only determine if a consumer intends to pay a debt and make arrangements to accomplish that task. In general Collections Agencies have few rights or authority to do anything on their own. They can make recommendations to their client as to the next steps to be taken, but in reality they can't do much more. collection agencies do have the responsibility and legal obligation to carry out their activities in FULL compliance with ALL applicable STATE and FEDERAL laws. Collections Agencies cannot pursue criminal charges against an individual for a postdated check bouncing (they were not the "victim" of the "crime". In this instance there are two separate issues, (1) The actual debt and (2) The "criminal activity (which must be proved beyond a reasonable doubt, very difficult). The only issue a collector can address is the money. They have no implied or established legal right to undertake any actions in connection with the act of bouncing a check. US Federal law does not provide for criminal charge sin connection with being in debt.

Only the merchant can pursue that avenue, and that must be addressed with the local District Attorney and police department, not a collection agency. The fact that a short term loaned business refers their account to a collection agency rather than an attorney or the district attorney indicates they have already indicated they prefer not to pursue a remedy via the judicial system.

Furthermore, your previous posts indicated you are not dealing with "pawn shop loans" ( which are usually secured with personal property which can be re-sold if the loan is defaulted on) but in actuality are dealing with a Internet based or store-front payday loan company that has only a signed check or draft authorization to act upon. The fact they made a loan based on this will indicate to a court of law they were aware there was a 50% chance or better the person would not be able to make good on the obligation when payment came due, yet chose to take that risk.

I sincerely wish you the best of luck on your career search. It appears the collections industry is beginning to turn a well intentioned kind heated and conscientious person in to a bitter hard nosed person who feels they have every right to pass judgment on consumers, when in fact the only thing you can do is collect the debts in full compliance with the laws.

Maybe you won't collect as much, but at least you did it legally. You can look yourself in the mirror in the morning knowing you do your job to the best of your ability, you treat people with dignity and you carry out your duties legally and morally.



To kam, your quotation states it's UCC, (universal commercial code) which would indicate it is a state statute. Can you please provide your reference for the quotation? What state are you located in?

[imkimssister]

Oh, btw Shirley! 26 years! That's how old I am! And I was assuming you were the same! Mostly based on the first pic you posted, I just thought you had kind of a baby face and you were perhaps a teenager or college student. Please tell me you and Mr. Shirley got married as teenagers, there no way on God's green earth you're in your 50's! Although, these days 40's and 50's don't look the same as they used to.

Oh thank you Ari!! I get that all the time. When my kids friends first meet us or see us somewhere together for the first time, they think I'm their sister. I have a son that is 28, we went somewhere together a few weeks ago and a friend that had never met me, thought I was his girl. everyone that meets me says I don't look old enough to be the mom, they thought I was the sister. My youngest daughter is 20. I turned 45 this past monday. I got married when I was 19.
But thanks again, you made my day! shirley

[LCW]

the whole law can be found here:http://www.ilga.gov/legislation/ilcs...ercial+Code%2E

(810 ILCS 5/Art. 3 Pt. 8 heading)
PART 8. MISCELLANEOUS
A person who undertakes a nonlitigated collection against the person who issued a check or other draft that is not honored upon presentment shall make a written demand by certified mail, return receipt requested, delivered to the last known address of that person in order to become eligible for any costs and expenses in excess of $25. The written demand shall demand payment within 30 days of the mailing of the demand and shall include notice of liability for the costs and expenses.

[jj]

To followup, alomost every state that regulates payday loans specifically prohibits payday loan checks from being considered criminal. some states don't even allow them to be collected as bad checks under civil codes, while others allow them to be collected under civil laws (suit, judgement and garnishment), with some states limiting damages (eg the State of Washington which sets a maximum penalty of $40, without the ability to recover attorney's fees. Ari, it appears that your managers were trying to dupe you into the standard payday loan threat... resist, be strong.. stay the beautiful caring woman that you are.

To Clay:
I found that on the internet in a site about check fraud. It does not specify which state. However I checked my state's UCC and in the same section, but a different subsection, the same exact definition was given for a check. I think most states share that definition. Therefore, you can apply it to pretty much every state.

With the growing number of lawsuits brought up against payday loan companies by AGs of different states, this payday loan industry is going to suffer a lot in the future. I foresee a bubble burst for them similar to the one that happened to the dotcom industry. They have grown so fast in the last few years just like mushrooms. The same exact thing happened to dotcoms.

[Jedi Mistress Ari]

I will you guys! Thank you for caring. I am still searching for a way out. They're not brainwashing me, I have no fricking clue what to say to someone who had their checkbook raided. I know the loans may be cut and dry but the borrowers of them are not. I'm getting all frustrated and petered out and scheduling an interview with American Income Life.

[Jedi Mistress Ari]

JJ and Clay,
I have to confess, sometimes I get my foot jammed in my mouth here in the forum, and the truth of it all is, even though I am extremely well-versed in the fdcpa, I'm really not that experienced as a collector. Seven months I have been a collector. Doesn't exactly speak volumes, my manager has 26 years and he can speak volumes of collecting all sorts of accounts from all sorts of people. I loved student loans, and had a good week of preparation for them. I was thrown headlong into paydays and it's tearing me apart! In one ear I have a borrower trying to explain something to me, in the other ear are my managers telling me not to believe them and make a demand already! How do you think I feel?

[jj]

It must be very tough and I wouldn't want to be in your shoes. Sometimes when faced with a Hobb's choice, it is helpful to be secure in the knowledge of what is right. In other words, understanding the laws (to the extent you can) can make you resolute in the actions you choose to take. Also, I would keep a written journal of what your are told to do and what you know or find out that is illegal and/or unethical by your managers. That way, if the stress continues and you decide to leave or if you follow your conscience adn your managers try to take action against you.. you have evidence to fight back. take care

[john]

Follow your inner conscious, Ari. Nothing is better than it. If your manager is having 26 years of experience in collections in comparison to 7 months of experience that you have obtained, he can't change the world of ethics.

When your manager particularly says not to believe anybody for what they say, you can understand how uncompassionate he is towards humans and this is how he has strengthened his experience. If you follow him, assume that you will be in his shoes 26 years from now. Think about that and then make your decision wisely.

[Jedi Mistress Ari]

John,
Believe me I don't want to be in collections for another 26 years! Not that it isn't fruitful, my boss is not a grouchy, antacid-popping curmudgeon, he's alright. He just thinks in absolutes with regard to borrowers. He also owns a very big house and four vehicles including a BMW and a Mazda Miata, looks like collections has been good to him.
My husband and I have alternative plans. I have an ABA and will have a BBA as of July, he is a helicopter pilot, and we want to invest in real estate. I mentioned to him a desire to find a career I can work at from home so I'm not on someone else's time, he thought it would be a good idea if I managed the real estate while he's at the base. It is something I very much look forward to!

[imkimssister]

helicopter pilot, and we want to invest in real estate. I mentioned to him a desire to find a career I can work at from home so I'm not on someone else's time, he thought it would be a good idea if I managed the real estate while he's at the base

Okay Ari, when you mentioned helicopter pilot, you sparked my interest. I was thinking that your hubby was either in the military or was working in the medical field. Then you said 'base' so I have to ask, what branch of service is hubby in? you may have said before and I'm sorry if you did, cause I didn't catch it. was just wondering. "Mr. Shirley" is a retired marine, he was in the marine corps for 20 years and retired then took on truck driving. He was a marine when I met him. We have been all over the place. youngest daughter was born in Japan, we were there for four years. We've spent three tours in Hawaii. Two In Memphis and one in Beaufort, Sc.
how are you adapting to being a military wife? shirley

[Jedi Mistress Ari]

Oh! I'm not a military wife! My husband already discharged from the Royal Danish Navy. You see, we live in Pensacola Florida, but he works in Louisiana for Air Logistics, he stays at the pilot's base for one full week so he can fly oil diggers to and from the rigs, and provide various air transportation to other VIP's. I don't mind that in total I only have him 6 months out of the year, he's home for a week and works for a week.