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msclem

On December 7, 2004 I took out a payday loan from Ace Cash Express in Pennsylvania for about $360. I gave them a check postdated for my next pay period but couldnt pay it when my paydate came. I moved to Georgia, where i currently reside, and once i was able to i started paying one collection agency back for this on a monthly basis. I made a payment last month now a different collection agency by the name of Delanore Kimper and Associates is calling me threatening me with jail time if i dont pay it in full. The agency lied and told me they were a lawfirm when they are not, and violated the FDCPA in very many ways when they called my job and faxed me a ridiculous letter that had my jobs address on it and no disclosure or mini miranda. I work for a collection agency, but I would like to know if this is indeed something that i will go to jail for because i am very scared about that part. My boss and his attorney are going to help me file suit against this agency for all of their violations. They didnt realize they were calling a collector!!!!!

Posted: Wed Apr 09, 2008 4:49 pm Subject:

Hello-

Rest assured, there is no way they can put you in jail for defaulting on a loan. The only way they could ever do that is if they can PROVE that you purposely commited check fraud, and they would be pretty hard-pressed to do that.

Plus, you have already starting paying back this debt via a collector, which proves your good intent to pay back the money you borrowed.

Hang in there. Keep us updatd to your situation.

Posted: Wed Apr 09, 2008 6:48 pm Subject:

Well first of all, payday loans are prohibited in Pa. Was this a pdl, or a personal loan? Here are the state laws for Pa. Hang on while I check out Ace cash.

Posted: Wed Apr 09, 2008 7:00 pm Subject:

Well Ace Cash Express is a Store front right? Hopefully someone who knows more about this company and the laws of Pa will be along to help you shortly. If you have an Attorney who is dealing with this, then that's a smart move on your part, it sounds a little shady to me. Confused

Posted: Wed Apr 09, 2008 7:32 pm Subject:

shazz, since msclem took out the loan in 2004, there may have still been storefronts in PA - not prohibited then. I think (I could be wrong) that PA once was allowing pdls; however, now they're not. However, since this was turned over to a collection agency and msclem has been paying on it, it's not like msclem totally ignored the debt. This "new" collection agency who is threatening needs to be sent a debt validation letter. I know msclem is fighting this; however, my opinion is that it's always good to throw a debt validation letter at them to prove they are actually collecting this debt for Ace Cash Express.