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Posted: Sat Jul 26, 2008 9:33 pm Subject: PDL in Kentucky

I am asking this on behalf of my girlfriend.

1. Company: Cash Express, LLC, Storefront company
2. Two Loans: One is $300 / $405 in fees, The other is $50 / $30 in fees. Both were check advances.
3. State: Kentucky

Here is the situation. She took out a PDL and got in the cycle of paying it, and taking it back out each month. She got to the point where she couldn't pay it anymore and defaulted on the PDL. They contacted her and told here that if she didn't pay the debt in full that they would file a warrant with the Sheriff's Department. Then their main company sent her this letter.

Posted: Sat Jul 26, 2008 11:40 pm Subject:

Hmmmmmmm, a warrant for her arrest? Well, in the first place, they can't arrest her for not paying a bill, and in the second place, they broke the law when they threatened to have her arrested, however, unless she recorded it, it didn't happen and can't be used against them in a court of law as there is no proof, only her word. Confused

You shouldn't threaten a creditor with an Attorney unless you REALLY have one. If they do send it to a collection agency (and they probably will), she can send them a letter and ask them to validate the debt, basically all that will do is buy her more time. I guess I would try to work something out with them, a payment arrangement of some type, because if it goes to court, and your friend proves that she is on a limited income, that is what the judge will do anyway, if you ask him, except she will end up owing more because of court costs, etc. So yes, I would definitely try to work out a payment plan.

Posted: Sun Jul 27, 2008 12:00 am Subject:

Thank you for responding so swiftly. Very Happy

Ok I will take the lawyer part out of the letter, but I just wanted to give these people some payback. They pray on so many people, and I think they are just plain scum. We will go into the office Monday and let them know that we can't pay it in full. And try to get them to work out a payment plan. And this time I will be recording the conversation, I hope she is dumb enough to spew that BS again.

Thanks again!

Posted: Sun Jul 27, 2008 6:51 am Subject:

Most definitely protect yourself, luckily Kentucky is a one party state, but that pertains to recorded telephone conversations, so I'm not sure if that applies to fin person conversations or not.

Posted: Sun Jul 27, 2008 6:53 am Subject:

Oh wait, I looked up the "eavesdropping law" for Kentucky and here it is below, looks like it's OK for you to record an in person conversation as long as one party knows about it, and that party would be you! Very Happy

Guest · Posted: Sun Jul 27, 2008 1:43 pm Subject:

Once again thanks for the tips! I was going to check that very thing myself today. But you beat me to the punch. Very Happy

Posted: Sun Jul 27, 2008 2:43 pm Subject:

Good luck! I hope it all works out in her favor, take good care. Smile

Posted: Mon Jul 28, 2008 7:39 pm Subject: No arrests!

As a resident of Ky. I can attest to the fact that a PDL cannot file felony check charges against your girlfriend. I was informed of this by an attorney when I filed for bankruptcy a couple of years ago. ONe of the payday loans attempted to attatch my wages but when I called the payroll dept where I worked at the time, the lady stated that the only type of debt that they could attatch to anyones' wages were child support. Needless to say, none of the PDL places that I had accounts with were able to collect due to bankruptcy and also due to the fact that even though one of them attempted to attatch my wages, my payroll dept at my job at the time,were not obligated to do it. If I were you I would consult an attorney or a paralegal, and also...keep in touch with this online community for all types of constructive advise and resources. A lot of creditors barks or worse than their bites. They use a lot of scare tactics in order to get people to pay.

mike! · Posted: Mon Jul 28, 2008 8:16 pm Subject: cash exress

do you have to have good credit to get a loan at cash express? what do you have to do?
thanks,
mike

Guest · Posted: Tue Jul 29, 2008 7:27 am Subject:

No they don't perform any credit check. But take my advice and do NOT take out a PDL, I know it seems very convenient but you get stuck in a cycle that you can't escape.

She talked to her cousin yesterday who is an attorney and he contacted them. So I didn't have to send the letters. We still don't know if they will set up a payment plan though they want her to come in on the first to discuss it.

I already told her that if they say no to the payment plan that we will just walk right out. And let it go to court.

Posted: Tue Jul 29, 2008 7:29 am Subject:

Sorry about that guys I keep forgetting to log in lol...

Posted: Fri Aug 01, 2008 5:46 pm Subject: Good advice

To the guest that wrote in about getting a payday loan. "Don't do it!" I took out payday loans several yrs. ago and you can get caught up in a cycle of literally "robbing Peter to pay Paul." You never get caught up and your bank account goes South because they will keep debiting your accounts and you cannot pay your other bills or have money left over for groceries etc..."Don't take out a payday loan!"

Posted: Mon Aug 04, 2008 11:41 am Subject:

These people had the nerve to come over to the electric company and confront her in the parking lot. Again they threatened to have her arrested.

I couldn't get it on tape but I heard the woman say it this time. We went to their office to try and work out a payment plan, and they demanded that she pay half of it up front. Or that they would file a warrant. I wonder why they keep using the word "warrant", even after I informed them that they can not have her arrested, the one girl said it was illegal to write a cold check. Then her boss jumped into the conversation, she said that they could file a warrant and that we would have to go to court, if we didn't pay half of it today.

I told her that they should just work out a payment plan with us, because a judge would do that anyway because she is on a fixed income. The lady was like well he might... LOL These people will try ANYTHING to bully people.

I then told them that we will not take food off our table over this. Then the lady was like well then I'll file the "warrant" So I told her we will see you in court, and exited the building.

She set up an appointment with her cousin tomorrow. What is crazy is that they didn't even attempt to drop the check into the bank, so would that work against them or for them?

I don't know but even though my girlfriend knows they can't have her arrested, these people have got her very upset. So should we send them a C&D letter at this point? If we should can anyone point me to a template for the letter.

Thanks guys.

Posted: Tue Aug 05, 2008 5:27 pm Subject:

I was just going over the laws regarding payday loans in Kentucky, and this one caught my eye.

(19)[(1 Cool

] Each deferred deposit service business licensee shall conspicuously display in every deferred deposit business location a sign that gives the following notice: "No person who enters into a post-dated check or deferred deposit check transaction with this business establishment will be prosecuted or convicted of writing cold checks or of theft by deception under the provisions of KRS 514.040.

This company that we have a dispute with does not have any sign that says this.

So what should I do here, How would I go about nailing them for this?

Posted: Tue Aug 05, 2008 6:33 pm Subject:

Xandorf, First, storefronts do no have to follow CFSA in KY. The KY laws do not allow for the CFSA repayment plan. Companies are members, but state law prevails over the CFSA membership rules. Also, it has been my experience in KY that companies ( including Cash Express) will only break the ammt owed into two payments. When I tried to work out a payment plan with them, they said the same, they would file charges. I ended up paying down to get them off my back. I am really sorry you are having such trouble with them. I would recommend you contact another Cash Express and find out who the district manager is for that area and try talking to them and telling them what is going on with that store.....work your way up to the corporate office if you have to. On one of mine, after I was treated to scare tatics, I went straight to the corporate office and the DM called and apologized...this may not work , but it is worth a shot.

Posted: Wed Aug 06, 2008 8:57 am Subject:

You should buy a $20 tape recorder and record all conversations you have with them. She can't say she is going to file a warrant. She is trying to drop a buzz word to scare you and she is not using the appropriate language. She should be saying she is going to file a small claim but she is switching it to warrant and implying that you will be arrested. If you don't have the money to settle in two payments like they want and they won't budge then I see no other option but to wait until they sue and let the judge set the payments. If you could save up $100 per month you might have $400 by the time they sue anyway and you could offer that as settled in full.

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