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how long until sued?

Date: Tue, 08/31/2010 - 07:16

Submitted by anonymous
on Tue, 08/31/2010 - 07:16

Posts: 202330 Credits: [Donate]

Total Replies: 7


This is a question for people who have been through dealing with payday loan default in the past. I am currently in default on 4 loans in Colorado. The companies are:
Allied Cash Advance
Advance America
EZ Money
Ace Cash Express

Each one is max, ($575+$25 returned check fee.) None of them will accept a payment plan so I can pay off in amounts I can afford. Only EZ Money has not contacted me at all. Ace Cash Express has been the most aggressive, including continuous phone calls to me at work even after telling them I can't accept such calls at work, (they call multiple numbers at my work trying to get to me.) Also being yelled at, the woman was nearly screaming at me, on my work line.

My question is: Approximately how long do I have to figure this out until they sue? I don't want to do debt settlement since that just keeps me in the same boat. I would like to consolidate but I don't know how. If you've been through this, how long before getting sued? Currrently I am in default by 1.5 months.

I do want to pay them but it isn't going to be easy, even without the loans I barely scrape by each paycheck. I am afraid to answer my phone at work and at home, and I am a secretary, so I have to asnwer the phone at work.


Quote:

Originally Posted by paulcahill80
As far as I know, Allied Cash Advance and Advance America are members of CFSA and are required to offer you an Extended Payment Plan if you ask for. Not sure about the other two. Let me get some more info about them.


The EPP is only required prior to default.

I would advise contacting the corp office for each company.


lrhall41

Submitted by PDLOwner on Tue, 08/31/2010 - 10:18

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I'm the OP

For Ace it is the corp office harrassing me. Or that's who they say they are.

The EPP was too expensive and the new law here that started just after my defaulting is for $575 you pay each company $134 a month for 6 months. (Neither of those I could afford.)

If I send them money even if they do not accept it can I still get sued?


lrhall41

Submitted by on Tue, 08/31/2010 - 13:02

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I have defaulted on several PDLs in the past (all online, no storefronts) and have never been sued. After a while, they stop calling.

Storefront lenders would be more likely to sue, and yes, even if you pay them something, they can still sue you. However, it would look good to a judge that you have at least attempted to send payments in.


lrhall41

Submitted by on Tue, 08/31/2010 - 13:48

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Quote:

Originally Posted by Anonymous
I'm the OP

For Ace it is the corp office harrassing me. Or that's who they say they are.

The EPP was too expensive and the new law here that started just after my defaulting is for $575 you pay each company $134 a month for 6 months. (Neither of those I could afford.)

If I send them money even if they do not accept it can I still get sued?


I do not believe that the new law has any bearing on these loans if they were taken out before the laws were active. As for payments, I would just send them in. Keep a record of how much, when and the MO number. I highly doubt they will return them. Stay in contact by just calling to say that I mailed payment and get it done as quick as possible.

As for ACE harrassing you, when you call in do not speak to just anyone. Do your research and find an executive to speak with. They hate unhappy customers that are trying to give them money!


lrhall41

Submitted by PDLOwner on Tue, 08/31/2010 - 13:49

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Ace has told me that if I send them money they will send it back to me. The woman who harrasses me calls me. Her name is Bobby or Bobbi or Bobbie. Probably a fake name, but that's the name she gives. She actually told me to go get a payday loan to pay her. I will get in serious trouble if I talk to these people at work as I work reception, and I'm afraid to answer the phone now. They never call me at home. Only at work. I know they have all my contact info. I think they call random lines at my office and get people to transfer to me as well.

Thank you all for your responses.


lrhall41

Submitted by on Tue, 08/31/2010 - 14:50

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Hi this is the OP again.

Today Allied Cash called me and said I have 30 days to work it out or they are sending me to their coorporate office to be sued for wage garnishment. I tried to set up a payment plan I can afford. She said the minimum they will take is a payment of $50 before the 30 days is up. When I asked for something in writing on this she said they can't send me anything in writing.

My home phone is disconnected so she called me at work, which I'm not allowed to deal with this at work. (I asked to contact me by mail but she said no.) My husband says she is BSing me and a debt Settlement lawyer we spoke to said they can't sue for 6 months. We defaulted in July. I'm not sure what to do. I can't be sued because I can't afford the loans let alone legal fees on top of it. I am the sole provider of my family and we struggle just to get by.

Any advice?


lrhall41

Submitted by on Thu, 09/16/2010 - 13:21

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