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Cash Advance and complaint for warrant

Date: Thu, 09/20/2007 - 17:09

Submitted by stac88
on Thu, 09/20/2007 - 17:09

Posts: 65 Credits: [Donate]

Total Replies: 13


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!


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?


lrhall41

Submitted by cannr on Thu, 09/20/2007 - 19:26

( Posts: 9317 | Credits: )


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"? :?


lrhall41

Submitted by cannr on Thu, 09/20/2007 - 20:11

( Posts: 9317 | Credits: )


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.


lrhall41

Submitted by goudah2424 on Fri, 09/21/2007 - 06:51

( Posts: 7935 | Credits: )


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! :D


lrhall41

Submitted by cannr on Fri, 09/21/2007 - 08:02

( Posts: 9317 | Credits: )