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Paid H&P Capital...did I just make a mistake???

Date: Mon, 10/04/2010 - 20:25

Submitted by G Smith
on Mon, 10/04/2010 - 20:25

Posts: 4 Credits: [Donate]

Total Replies: 5


I just paid off my husband's outstanding, 5-year-old Advance America payday loan that was with H & P Capital. I know that he did, indeed, owe Advance America, so this is not a question. But a couple of things bother me. They pulled the whole, "the statute of limitations on this is up tomorrow and it will be turned over to the police and charged as a misdemeanor." But the "bad check" that they had was post-dated. From what I understand of the law in my state (Indiana), you cannot be charged with check deception on a post-dated check to a payday loan company. Am I understanding this correctly?

So here I went and paid them via Money Gram. Is that even going to go to Advance America? What if I called the local AA tomorrow to verify info and insure that the correct place was in fact paid? Do you think that's a good idea? I don't really know what to do. I hope I'm over-thinking things. Also, if they did give me bad info in order to collect the debt, do I still have recourse under the FDCPA? Or is that a non-issue now that the debt has been paid?

Thank you for any info you can provide. I shouldn't have been so frantic, but I only had about an hour to make a decision and I didn't want my husband (who has never had any criminal charges against him) to be charged with a crime. And I know...there are no debtors prisons and all that. But check deception is a very real thing. I just didn't know if the description applied to this situation.


Most payday loans are illegal and you may have just gotten scammed. You can NEVER be charged with a crime for unpaid debt! Nor can you be arrested for it! If it was out of SOL, they can not even sue you for it after SOL runs out. Sorry, you may have been scammed


lrhall41

Submitted by on Tue, 10/05/2010 - 08:58

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So the check deception claim cannot be used with payday loans? Is this absolutely true? This was a legal payday loan. They are legal in my state, and Advance America has several shops here, so there is no doubt that the debt was owed.

I have called Advance America and they are going to at least try to find out if I paid the right place. If not, what's my next step? Am I just out of luck and money?


lrhall41

Submitted by G Smith on Tue, 10/05/2010 - 09:40

( Posts: 4 | Credits: )


LEGAL does not always equate with moral or fair. Watch out for YOU. These big blood suckers got plenty folks watching out for them.

And don't forget, most of these debts got bought for pennies on the dollar so if you are trying to get a settlement remember that, its NOT money out of their pocket necessarily.


lrhall41

Submitted by Gretchen VonDerhoff on Wed, 10/06/2010 - 05:47

( Posts: 259 | Credits: )