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ace cash advance loan- will i go to jail?

Date: Wed, 04/09/2008 - 16:42

Submitted by anonymous
on Wed, 04/09/2008 - 16:42

Posts: 202330 Credits: [Donate]

Total Replies: 22


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!!!!!


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.


lrhall41

Submitted by Amaranth on Wed, 04/09/2008 - 16:49

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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.

Pennsylvania State Information

Legal Status: Prohibited

Citation:
Check cashers are specifically prohibited from making payday loans under Check Cashing Licensing Act of 1998, ???? 505(a). Otherwise, consumer discount company act applies. 7 Pa. Cons. Stat. Ann. ???? 6201 et seq.

Small Loan Rate Cap
$9.50 per $100 per year discount or 24% per year

Where to Complain, Get Information:
Regulator: Pennsylvania Department of Banking
Address: Market Square Plaza, 17 N. Second Street Harrisburg PA 17101
Phone: (717) 214-8343
Fax: (717) 787-8773
Regulatory Contact: Jim Keiser Administrator of Non-Depository Institutions


lrhall41

Submitted by Shazzers on Wed, 04/09/2008 - 18:48

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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.


lrhall41

Submitted by cannr on Wed, 04/09/2008 - 19:32

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cannr
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.

Thanks for jumping in on this cannr, that thought crossed my mind, but I wasn't possitive, I figured someone might have an answer. :)


lrhall41

Submitted by Shazzers on Wed, 04/09/2008 - 21:33

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This just happened to me as well. I got a call at work yesterday from a supposed attorney from Indian decent from a company called American Credit Services and claimed his name was Clay Allison. (very american name) and told me that I owed a payday loan from QuickCash (which I have yet to be able to find on the internet to contact them and ask for validation) I never wrote out a check to them (atleast I dont think so) but if in fact I owe this they wouldve been debiting my bank account but I closed it thinking that all the payday loans I had were paid off. He threatened that I would go to jail for defrauding the loan unless I paid a total of 642.00 dollars between finances and interest. The shady part to me after my panic attack subsided was the fact that he wouldnt accept anything other than debit or credit card and told me if i didnt have one i needed to get a prepaid debit card and he would call me on friday. i got so scared cause i am not familiar with this but i cant find the original debtor. i asked for a teletrak record for myself and i hope he doesnt keep harassing me. why do they threaten like this? they could cause someone that is trying to live an honest life a heart attack. what should i do? i dont wanna go to jail but i dont wanna get this guy upset either. there is no telling what he'll do. this company is supposedly from california but the one i found with that name doesnt collect from private and the number he gave me rings weird and then goes busy or if i call in north carolina time (which is where i live) there is a recording saying that the call did not go through.


lrhall41

Submitted by on Thu, 01/22/2009 - 12:46

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first daisy,you are going to calm down.next you are not going to pay this mope a dime.debts are civil matters not criminal ones.next he is in INDIA and can't do anything but stupidly threaten.when he calls on friday i want you to give him nothing but a hang up.he deserves nothing more.if he calls back which he probably will.give him the FOAD,then hang up.don't worry about upsetting this loser.


lrhall41

Submitted by paulmergel on Thu, 01/22/2009 - 12:52

( Posts: 15514 | Credits: )


My husband and my self had a loan each with Ace over Christmas. I was unable to pay the full amount and betweeen his and mine it was over $1000. Well they drafted it and there wasn't enough money in the account so they redeposited it and was paid first so then I had other things come through not knowing they were resubmitting yhe check so now 300 bucks in charges later they called me at my work hassling me and threating to talk directly to my boss and find out from her if I was good for the money which caused me to meltdown in embarrassment wondering how I was to look at her again. He also said he was gonna go ahead to stard proceedings tomorrow morning to take me to court. Said that if I didn't pay by 12:00 on Friday he would start Hot Check prodeedings. But this was a Bank draft not a hot check can they do this ? Can I make payments? If I give him my whole check we will have no food for the week or gas to get to work. Is he simply a collector or is he organized mafia. I will never do this again ever. What advice do you have crying in Houston.


lrhall41

Submitted by on Tue, 03/10/2009 - 13:24

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First off they are harrassing you by stating they are going to speak to your boss. I would report them to your attorney general.

They can not arrest you for a debt. Debt is a civil matter not a criminal one.

Second, TX has strict garish laws and it is very hard to get a judgement to garish your check.

I am not quite understanding a part of your post.

They submitted it and it bounced for NSF so they submitted it again and it was paid? So one loan paid but the other didn't?


lrhall41

Submitted by nohiogal on Tue, 03/10/2009 - 14:09

( Posts: 2582 | Credits: )


Quote:

He also said he was gonna go ahead to stard proceedings tomorrow morning to take me to court. Said that if I didn't pay by 12:00 on Friday he would start Hot Check prodeedings. But this was a Bank draft not a hot check can they do this ?


NO they cannot prosecute you for a "hot check". That is bogus. A "hot check" is a check written intentionally on a CLOSED or CANCELLED bank account. I am sure when you wrote the check you had an active a good standing bank account. also they deposited the check and it was returned NSF from what I am reading, so furthermore that disqualifies the whole "hot check" bullcrap they are threatning you with :evil:


lrhall41

Submitted by Cool_Abyss on Wed, 03/11/2009 - 09:29

( Posts: 2936 | Credits: )


yESTERDAY i RECEIVED A CALL FROM A BRYANT DAVIDSON, WHO-MIGHT I ADD- IS EXTREMELY RUDE.HE THREATENED TO SERVE PAPERS AT MY JOB. I DID PAY $250 TOWARDS THE DEBT THAT I OWE, BUT I AM WONDERING SHOULD I PAY THE BALANCE.I'VE CONTACTED "ACE LOAN"(THE ORGINAL LOANER).I ASKED THEM THE BALANCE.DUE TO THE FACT THE ESTABLISHMENT WAS BUSY, THE AGENT WAS UNABLE TO ASSIST ME.SHE WILL RETURN MY CALL,WHICH IS UNDERSTANDABLE.I AM WONDERING, SHOULD I PAY THE REMAINING BALANCE. THE COLLECTOR TOLD ME THAT HE WAS UNABLE TO FAX ME ANY OF MY ACCOUNT INFORMATION.I'VE BEEN LOOKING ON THE INTERNET FOR INFO ABOUT THIS COLLECTION COMPANY. H&P CAPITAL. I DON'T KNOW IF THEY ARE BOGUS OR LEGITIMATE.HOW CAN I FOUND OUT


lrhall41

Submitted by on Tue, 05/12/2009 - 07:40

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I've finally worked out that I can actually get a stop pay on an electronic check or ACH. Ace told me that's impossible, it will go through, but my Chase bank manager will do it for me as long as I have the ACH number. Ace won't give me the number of the ACH though, do they have to? Is there some law that says this?
I fully intend to pay off the payday loan, I just do not have the whole amount required now. If the electronic check is refused, they will have to accept smaller payments from me.


lrhall41

Submitted by on Mon, 08/10/2009 - 11:44

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I gave the Indian company from "California" calling me too. They say they must have a notarized letter and I've already paid more than twice the amount of original loan. They still say I owe 225.00 or I go to jail but if I end up in court they wouldn't get money, I'm
actually really scared because I am a single parent of an infant and I'm tired of being threatened. They do say they are lawyers but can't give me any information about the case they say is already in court.


lrhall41

Submitted by on Thu, 04/29/2010 - 05:51

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Quote:

Originally Posted by Anonymous
I gave the Indian company from "California" calling me too. They say they must have a notarized letter and I've already paid more than twice the amount of original loan. They still say I owe 225.00 or I go to jail but if I end up in court they wouldn't get money, I'm
actually really scared because I am a single parent of an infant and I'm tired of being threatened. They do say they are lawyers but can't give me any information about the case they say is already in court.

You can NOT go to jail for owing a debt! If you are referring to Ace Cash Services they are not licensed to lend ANYwhere, therefore any threats they are making are totally bogus. Don't speak to them anymore on the phone, hang up as soon as you realize it's them.


lrhall41

Submitted by Shazzers on Thu, 04/29/2010 - 06:04

( Posts: 17344 | Credits: )


Quote:

Originally Posted by Anonymous
I gave the Indian company from "California" calling me too. They say they must have a notarized letter and I've already paid more than twice the amount of original loan. They still say I owe 225.00 or I go to jail but if I end up in court they wouldn't get money, I'm
actually really scared because I am a single parent of an infant and I'm tired of being threatened. They do say they are lawyers but can't give me any information about the case they say is already in court.


they are in INDIA.that is why they lie and say things to get money out of people.you are not going to jail,and there is no court case.you would have been served a summons first.do not worry or pay these losers.first file a police report for the threat.then file AG,and FTC complaints using either the name of the scam,or the number that comes up on caller id.then ignore them do not answer the phone if the number doesn't look familiar.the messages will get more ridiculous as time goes by,but just know that nothing they threaten they can do being in INDIA.


lrhall41

Submitted by paulmergel on Thu, 04/29/2010 - 06:05

( Posts: 15514 | Credits: )


HI I had a phone call today about a loan for which I cannot recall ever getting, secondly, they threatened me to file charges and have the authorities come put me in jail, I spoke with this guy number couldn't hardly understand him and he wanted me to submit a letter stating I would pay these two amounts and I appeased him and wrote down everything he said to put in a letter sending it by email, but then I asked him to send me the information he had that this company was suing me for the money $649.00, on a $225.00 loan I supposedly received, he kept saying send me the letter and I will send you the papers I have later, I stopped him after asking him 5 times to send me what I'm asking you for first then you will get a letter from me, he would not agree to emailing me the information, and I said to him don't fast talk me, that I don't see what the problem is it will take all of 5 minutes for him to send me something to my email saying who is suing me and the amounts, then I will send him his letter, of course after going back and forth, I just hung up,


lrhall41

Submitted by on Mon, 01/31/2011 - 13:30

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