Sub: #161
Replied on 03-26-2009, 05:58 AM
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You're exactly right, but how do you press charges against someone that you cannot find?


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Sub: #162
Replied on 03-26-2009, 07:33 AM
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Get the name of the company that's calling--or if you can't report them in the name of the PDL they are calling for. They are doing business for this PDL, so someone,somewhere is being billed for their services, which would mean they would have to have an address. Don't let this stop you! What's next--having them call at 4 am?


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Sub: #163
Replied on 03-26-2009, 08:35 AM
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Good idea. Even if the PDL is based over seas, they sometimes use US based calling centers. I know this because AIP tried this with me. Their head office was based in th UK, but used a DE calling center to harrass me

Get the name and address of the calling center then report them. When I reported AIP they replied to the BBB telling them they did not offer loans at their location, but was a calling center for the UK head office.

The calls stopped after that

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Sub: #164 Pay check cashing
Replied on 03-30-2009, 03:04 PM
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I cashed a paycheck that I received in the mail at a check cashing place. I later on found out that the check was void by my company and already spent the money because I did not have much to begin with. I now lost my job and cannot repay back the check that I cashed which was about $800....I was receiving calls and getting visits from the check cashing company telling me that I need to pay or they are going to go to the DA. So, i sold my laptop and gave them $200 so far, but since I do not have a job anymore I told them that I cannot pay right now because I have no money....I told them that things are really bad for me and now the check cashing guy is telling me to give him something for collateral or he will contact the DA for an investigation. Also, I couldn't pay for my cell phone anymore so it was disconnected and so I told him to get in touch with me by email. Things are so bad for me right now and he still keeps hasseling me. I understand that he wants his money and I would give it to him if I had it, but I am barely getting whatever money I can to support my family. What do I do? Can he really go to the DA to file an investigation? Can I go to jail for $600? Any help would be great. Thanks.

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Sub: #165 to my previous post
Replied on 03-30-2009, 03:06 PM
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I am in california by the way....Los Angeles, CA


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Sub: #166
Replied on 03-30-2009, 03:10 PM
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Quote:
I told them that things are really bad for me and now the check cashing guy is telling me to give him something for collateral or he will contact the DA for an investigation.
Â*Â*Â*
Â*
First Off, This is highly ILLEGAL what the employee is suggesting you do. There is no personal collateral they are entitled to collect. Sounds like he is taking advantage of your situation. Tell him to shove it!!!
Â*
Second if the check bounced due to your employer I would be seeking the face value of the check and the fees from them ASAP! There seems to be something missing here. Did they stop payment on the check after it was mailed to you. Was it a payroll check??
Â*
The store is authorized to collect the face value of the check and fees incurred due to it being returned, but No collateral whatsoever. If he threatens to go to the DA, threaten to report his A$$ to the district attorney ASAP!

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Sub: #167
Replied on 03-30-2009, 03:27 PM
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Aristole, Do i need proof that he is harrassing to take me to the DA's office? I have an email from him stating that. Also yes it was a payroll check that stopped payment before it got to me. Thats what I found out from my old employer once the check was already cashed. Thanks again for putting my mind at ease.

Sub: #168
Replied on 03-30-2009, 03:39 PM
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It has been a long time since I have dealt with this, but I believe that they are entitled to come back to you to collect the balance due.Â* If you refuse to pay, they can then go to the DA.Â* They must be able to prove that you cashed the check and that it was a valid check.Â* If they actually get to the courts, they can collect the face value, court costs and in some states, trebleÂ*damages (triple value).Â* The proof will also include that they determinedÂ*that there were no stop payments on the check, I believe.Â* It has been many years, but I can assure you that most check cashiers will useÂ*every legal means to collect an $800 check.
Do you know when (before or after you cashed it)Â*and why a stop payment was placed on the check?


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Sub: #169
Replied on 03-30-2009, 03:40 PM
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I would recored every call and save every email this moron sent me. File a complaint with your state's AG and Dept of Financial Institutions ASAP.
Â*
In the meantime seek reimbursement from your old employer and try to rectify the fees and such. This can be a civil claim in court if necessary. They seem to be partly responsible for this snowball effect.Â* You need to find out why a stop payment was put on that check. Also you need to prove it was cashed before you were notified of the stop payment.

Do not let that jerk intimidate you into pawning anything or giving him colateral. Let him know you are seeking reimburement for the check and will arrange payment soon. If he continues to threaten take notes to help your claim.

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Sub: #170
Replied on 03-30-2009, 03:45 PM
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**FYI** a returned check does not equal Abusive Collection Practices. The store owner is still a moron and is breaking the law in suggesting colateral for silence.
Either way you will have to repay the store, at the same time the laws must be followed.

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Sub: #171
Replied on 03-30-2009, 03:46 PM
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I am not refusing to pay...I just cannot pay due to financial hardship. The check was cashed not knowing a stop payment was on it. The stop payment was there because they sent out duplicates and informed me after the check was already cashed. I shoed willingness to pay when I paid the $200 which also set me back. I have so many bills that I cannot pay right now and I told him that. I applied for unemployment, but it has not kicked in yet. I cannot afford to go to jail on this because my family needs me and that is why i am trying to get some advice. He is emailing me threatening me to go to the DA for investigation and he is telling me that he will except collateral to hold on to until the amount is paid. This is the owner of the check cashing place. What is the worse possible thing he can do to me?


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Sub: #172
Replied on 03-30-2009, 03:51 PM
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You cannot go to jail over this. You can go to court, but not put in prison. I wouldn't give him jack for colateral! You did show willingness to pay so the judge will see your attempts to rectify the situation. Do you have a receipt showing you paid the $200 and your leftover balance??
Â*
You said your employer sent duplicate checks. Well I would still make them aware of the situation and seek reimbursement for their obvious mistake.

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Sub: #173
Replied on 03-30-2009, 03:59 PM
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You will not go to jail, but you do want to get this corrected ASAP.Â* You say that the company sent our duplicate checks?Â* What did you do with the second check?

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Sub: #174
Replied on 03-30-2009, 04:00 PM
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Yes I do have a receipt showing that I paid $200 for the bounced payroll check, but the receipt shows no balance....it just shows that I paid $200 for a returned check.....Thanks for all your advice. I will call him in the morning like he told me to and tell him that I will contact him once my situation changes, but as for the collateral, I will not give that to him. Thanks again!


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Sub: #175
Replied on 03-30-2009, 04:03 PM
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So did you cash one check and return another??

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Sub: #176
Replied on 03-30-2009, 04:21 PM
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No...I cashed both checks because the other check looked different from the first one so I thought it was from one of my clients because I am a freelance photographer.




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