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Posted: Thu Sep 20, 2007 5:09 pm Subject: Cash Advance and complaint for warrant

I got an email from John Miller of Capital Collections on behalf of Cash Advance.

It is a draft of a memo to the Orlando FL police for a worthless check. It lists my old closed account (a Maryland bank) and says that I wrote a check in Orlando in May 2006. It offers me the settlement of $300.

Now, here is where I am confused..

1) I didn't live in FL in May 2006, so how can they issue a warrant for a check they say was written in FL, when I didn't live here.

2) The draft complaint says "purpose of check is a payday loan", and I thought FL laws says you can't be arrested for a payday loan.

3) I'm positive I have paid at least a good portion of the priniciple in fees, but I don't have any proof.

I know you guys have a ton of advice, so please tell me what should I do, is this something I should worry about?

I have a bunch of proof (lease, old bills, pay stubs,etc) that show I did not live in FL in May 2006.

Thanks!

Posted: Thu Sep 20, 2007 5:12 pm Subject:

I would write a debt validation to the collection agency...they will have to prove the debt. Can you get access to your old acount to prove how much you have paid??

Posted: Thu Sep 20, 2007 5:14 pm Subject:

Did you give Cash advance a copy of a check when you took out your PDL? They have an office in Florida so that may be part of it. Call the bank even though the account is closed and see if you can get records from them to see how much you owe.

Posted: Thu Sep 20, 2007 5:21 pm Subject:

Its Cash Advance USA and they were an IPDL. I think I gave them a copy of the check. I'm really not sure. I sent an email to the company asking for a debt validation. Once I did that, they can't move forward with anything can they?

Posted: Thu Sep 20, 2007 7:10 pm Subject:

I would also send a DV letter to them registered mail, return receipt required. This way, you will have proof that they got it.

Posted: Thu Sep 20, 2007 7:26 pm Subject: reply

You sent them a copy of your check? Not a written out check to them? Just a copy of a check? Do you remember if they were debiting your bank account by ACH withdrawls?

Posted: Thu Sep 20, 2007 8:06 pm Subject:

It was all done via fax, and I had to include a copy of the check as part of the fax, but I never sent an actual check.

The debits were done via ACH transfer.

Posted: Thu Sep 20, 2007 8:11 pm Subject: reply

Guys, she has posted on another thread regarding this. She found some information. Check out the other thread going by her. Oh. I keep saying "her". Are you a "her"? Confused

Posted: Fri Sep 21, 2007 6:51 am Subject:

They can send a memo to anyone. What you did is not against the laws. The police are not going to file charges. You cannot be prosecuted for defualting on a payday loan in Florida. Period.

Florida law says that checks written to secure a payday loan are not considered worthless when they "bounce".

The memo they sent you was just to scare you into paying. Just like when they say that the police will be there to arrest you in 20 minutes.

The reason I know this is a bluff to scare you is this:

You said you did not live in Florida when the loan was taken out. If you bounce a check, it is prosecuted in the county you bounced it in. Not in the county you currently live in. If they truly were going after you for a bad check, there would be a warrant out for you in MD. FL can't prosecute a crime that happened in MD. It just doesn't work that way.

Posted: Fri Sep 21, 2007 6:58 am Subject:

Goudah, I know this is probably a really dumb question, but you can't be prosecuted for defaulting on a PDL in NY right?

Posted: Fri Sep 21, 2007 7:12 am Subject:

No, you can't, because pdl's are prohibited in NY. You can't be prosecuted for something that "doesn't exist" . . . . . And the internet companies that lent to you are breaking the law by doing so, and are not going to actually go near a court, even if they could.

Posted: Fri Sep 21, 2007 7:32 am Subject:

Thanks my sweets. Sometimes when I read a post like this, the panic button in my brain goes off, and I need a level head like you to turn it off! LOL

Posted: Fri Sep 21, 2007 7:33 am Subject:

Anytime!

Posted: Fri Sep 21, 2007 8:02 am Subject: reply

Thanks, jen. Now I don't feel so bad. I need to ask "What?" and have goudah detail it for me. LOL! Sometimes just having a second person look at the situation helps so much. Because when it's you, you automatically freak out. Having someone look at it from the "outside" and tell you "no, you're cool" is what we need! Thank you, goudah! Very Happy

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