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Help!! Ace Cash Express threating lawsuit

Date: Wed, 09/10/2008 - 16:36
Submitted by jenswt14u on Wed, 09/10/2008 - 16:36
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I'm very shaken here and don't know what to do. I have let an Ace Cash Express loan default and now they are threating me with a lawsuit and won't let me make any sort of payment plan with me. They said unless I pay them $1,200 by Friday they will contact my work, hr department and supervisor and file a suit for me writing them a bad check.

I will take any and all advice. I don't know what to do!

Thanks,
Jen


Don't worry as long as you are paying them something, they are there to shake you up. I was off for a whole month and could not pay my loan back right away, they even called my mom in Los Angeles and shook her up and I told them I was going to sue them, and yes I record them now and let them know that I know they are full of shit, if they take me to court the judge only cares about if you are making any payment and they cannot refuse them even though they do over the phone, I stick to the original plan, even though it is not as much as they want I still walk my payments in and get a receipt that I did and that's it. NO ONE CAN COME TO YOUR JOB BUT THE FEDERAL GOVERNMENT, IRS, POLICE If they have a warrant for you doing something wrong or PUBLISHER CLEARING HOUSE WITH $1,0000,0000,00000,0000 YOU GET THE IDEA. DON'T LET THEM GET YOU UPSET TELL THEM THEY ARE BEING RECORDED AND WATCH THE CHANGE IN THEIR VOICES.


Submitted by on Mon, 04/05/2010 - 12:28

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Quote:

Originally Posted by Anonymous
You people did borrow the money! No one forced you to take a short term loan such as a payday loan, but you did. So, you for any good reason or bad reason did not repay it, yes, they can go after you. BUT, you need to read the laws of your state in regards to NSF checks. I will also say, those of you spouting that they are breaking rules of FDCPA are incorrect!!!! FDCPA rules and laws apply to third party collections. NOT first party such as ACE. You can ask them not to call your work, and they must not call FOR you, but can call and speak to HR or manager to confirn certain information with out letting your company know specifics. Now if your company asks who they are and they say ACE CASH and your supervisor knows what ACE is then the supervisor can put 2 and 2 together. That is not breaking the law. It amazes me the amount of comments I have just read on another forum about these FIRST PARTY collectors being rude etc, well again, you borrowed the money and it should have been paid back, and some people feel that the world owes them. They are getting calls from a collector who is doing a job of trying to collect on money you pretty much "stole" cause you didn't pay it back. Then you have the nerve to get on forums and gripe????? Again, the world owes you nothing. PAY YOUR DEBTS! They may be to the point, rude, and not so sympathetic, but hello, you owe money months after you were to repay it!!!!! I really doubt that any collector cussed someone. Calls are all recorded and they are trained to say what they say with out breaking the law. I work at a third party collection agency, and the FDCPA rules do apply to us and you take tests rules etc. Again, before you start calling the atty, read the state laws on FIRST PARTY COLLECTIONS. Again, FDCPA rules do not apply to places like ACE since it is the money they loaned you a LONG TIME AGO.

Sounds like this person has never had a bad time in his or her life, what do you mean you people, life is not all the time gravy, some of us get in a pickle maybe that is the reason for getting a loan and it doesn't mean we are bad debt payers just because we got behind, not everyone was born with a silver spoon like it sounds to be yourself, don't judge, you are a collector yourself maybe you can get a bigger job soon.


Submitted by on Mon, 04/05/2010 - 12:37

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Hi, I have a defaulted loan with ACE Cash Express here in Richmond, VA and got a call from MJS Consulting to arrange payments, I gave them my bank account number and for withdrawal on 3.30.10. So, I began checking and felt like some shady stuff was going on. So I closed my account and now have received calls for fraud, and I told the rep that I was going directly to the store and speak with them and get back to them. Can the sue me for fraud for my account number not being there, and for skipping out on pre-payment arrangements. Please someone help. thanks


Submitted by on Wed, 04/07/2010 - 06:19

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Criminal action is prohibited in your state, check the link below:
http://www.paydayloaninfo.org/stateinfo/VA.asp
They are a legal lender so they will eventually sue you, but there is a solution.
This is what I would do. I would send them a letter via the mail, certified, return receipt requested, in that letter I would explain the financial hardship you are enduring but explain that you are going to pay them back. Outline a payment plan, one you can afford, and send them a good faith payment by way of a money order with your letter. Then, whatever payment plan you proposed, stick to it! If you send them what you can afford, as outlined in the letter (for example, 50.00 bucks a week, etc.) faithfully and stick to your plan, if they should decide to sue you you will have proof for the judge that you fully intended to pay them. Or, the best case scenario is, by the time they do decide to sue you you will most likely already have them paid off! Keep copies of any and all correspondence, money orders, etc. to and from them. That is what I would do.


Submitted by Shazzers on Wed, 04/07/2010 - 08:15

Shazzers

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Quote:

Originally Posted by Anonymous
.... I will also say, those of you spouting that they are breaking rules of FDCPA are incorrect!!!! FDCPA rules and laws apply to third party collections. NOT first party such as ACE. You can ask them not to call your work, and they must not call FOR you, but can call and speak to HR or manager to confirn certain information with out letting your company know specifics. Now if your company asks who they are and they say ACE CASH and your supervisor knows what ACE is then the supervisor can put 2 and 2 together. That is not breaking the law. It amazes me the amount of comments I have just read on another forum about these FIRST PARTY collectors being rude etc, well again, you borrowed the money and it should have been paid back, and some people feel that the world owes them. ........ I work at a third party collection agency, and the FDCPA rules do apply to us and you take tests rules etc. Again, before you start calling the atty, read the state laws on FIRST PARTY COLLECTIONS. Again, FDCPA rules do not apply to places like ACE since it is the money they loaned you a LONG TIME AGO.

You need to retake any "tests" you claim to have taken, because you obviously FAILED. Fair Debt Collection applies to ALL, repeat, ALL debt collectors. I've worked for one of the largest banks in the world for 15 years, in Credit, and highly suspect you either work for ACE and are trolling the board, or you work for some low budget collection site because you can't grasp simple concepts and this is the best you can do. I've talked to the people at ACE and they definitely ignore all collection rules along with being the most obnoxious people I've ever had the misfortune of dealing with.
NO collection caller can discuss your loan with ANY third party, including your work, family, friends or even references. They can only say the are attempting to contact you about a personal business matter. They can NEVER imply you have debt. Yes, they can take you to court if they decide to go that route, but you will get ample warning. Do not ignore any papers from the court. If you signed a loan that had a voluntary wage garnishment, which is required to be a separate piece of paper signed in person, they can garnish wages without going to court. However, most companies do not honor these and are not required to. In that case, ACE has to go to court.


Submitted by on Tue, 05/11/2010 - 10:56

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i think ACE is just a scare tactic i use to work for a payday loan service, and if a loan will go into default it will just affect your credit, no law suits will be taken...... but im really not sure how ACE is a bluff or not!


Submitted by on Thu, 05/13/2010 - 11:38

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Quote:

Originally Posted by jenswt14u
I'm very shaken here and don't know what to do. I have let an Ace Cash Express loan default and now they are threating me with a lawsuit and won't let me make any sort of payment plan with me. They said unless I pay them $1,200 by Friday they will contact my work, hr department and supervisor and file a suit for me writing them a bad check.
I will take any and all advice. I don't know what to do!
Thanks,
Jen

they can file charges for worthless checks. They did it to me. I was on probation for a year behind them


Submitted by on Tue, 06/01/2010 - 12:01

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After reading the posts and comments regarding ACE; someone contacted me @ work on 7/8/10 and stated that I had up to 2 hours to come up with $1,048.36 or else I will be thrown in jail and I better have a good attorney and the sheriff would be picking me up from job. I never sign anything to get this loan, it was automatically deposited into my acct ($300). I tried to make payment arrangements but the guy put me on hold and said that ACE said no. He wanted me to type a letter and put all my credit card info on the letter and get it notarized and fax to him. I live in the state of NC.
Advice?


Submitted by on Fri, 07/09/2010 - 08:07

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Quote:

Originally Posted by Anonymous
After reading the posts and comments regarding ACE; someone contacted me @ work on 7/8/10 and stated that I had up to 2 hours to come up with $1,048.36 or else I will be thrown in jail and I better have a good attorney and the sheriff would be picking me up from job. I never sign anything to get this loan, it was automatically deposited into my acct ($300). I tried to make payment arrangements but the guy put me on hold and said that ACE said no. He wanted me to type a letter and put all my credit card info on the letter and get it notarized and fax to him. I live in the state of NC.
Advice?


file AG,and FTC complaints against this piece of garbage.debts are civil matters not criminal ones.above all else do not pay this scamming idiot a dime as he deserves complaints.btw NC is non-garnishment,and pdl's are totally illegal.so this moron broke all kinds of collection laws.file the complaints,and a police report for the jail threat.then ignore his sorry a$$.


Submitted by paulmergel on Fri, 07/09/2010 - 08:28

paulmergel

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I just was contacted by a co.for full payment on a loan that defaulted from Ace also. I have not worked for 2 mos.for knee surgery and only have my retirement income. This man threatened me to go to jail for fraud if this 900.00 was not paid by 3pm this afternoon (thur)08-25-2010 I am scared to death. I called Ace and found out they sell these loans to other companies and then you have to deal with them. Any help would be appreciated.


Submitted by on Thu, 08/26/2010 - 09:21

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Getting phone calls on a daily basis about 30 minutes apart. They called the HR department at the company I work for. They also told me they were going to have me arrested for the NSF check they have of mine. I live in Kansas. anyone else from this area having that problem??


Submitted by on Wed, 09/01/2010 - 10:47

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I mean really, people really believe these places can throw you in jail? Every state I've seen has laws against that.. calm down people. I had Ace threaten to call my job, I told them they could call jesus if it makes them feel better but I still can't pay right now. They can only call your job to locate you, they cannot share any of your information or that you owe a debt. They wouldn't even talk to my husband about my account due to "privacy" issues. So they are full of it, I record their calls and make sure I answer them once a day just so they cannot say they had a need to "locate" me by calling anyone else. So that if they do I will keep notes and sue them for harassment. I formally declined their arbitration crap, so I still have the right to sue them thankfully.


Submitted by on Fri, 09/17/2010 - 07:34

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Hi I am from Wisconsin and I took out a loan from ACE Cash Express. Titan is an arbitration company and they are threatening me with 2 civil suites breach of contract and check fraud. Can they do this? They wont even work any payment plans out with me.


Submitted by on Fri, 10/22/2010 - 07:04

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Quote:

Originally Posted by Anonymous
Hi I am from Wisconsin and I took out a loan from ACE Cash Express. Titan is an arbitration company and they are threatening me with 2 civil suites breach of contract and check fraud. Can they do this? They wont even work any payment plans out with me.



By law they can not take criminal action against you for a debt. Those threats are illegal and they can be fined for using that. see below.

FDCPA-?? 807. False or misleading representations
A debt collector may not use any false, deceptive, or mis-
leading representation or means in connection with the col-
lection of any debt. Without limiting the general application
of the foregoing, the following conduct is a violation of this
section:

(1) The false representation or implication that the debt
collector is vouched for, bonded by, or affiliated with
the United States or any State, including the use of any
badge, uniform, or facsimile thereof.

(2) The false representation of???
(A) the character, amount, or legal status of any debt; or
(B) any services rendered or compensation which may
be lawfully received by any debt collector for the
collection of a debt.

(3) The false representation or implication that any indi-
vidual is an attorney or that any communication is from
an attorney.

(4) The representation or implication that nonpayment of
any debt will result in the arrest or imprisonment of
any person or the seizure, garnishment, attachment,
or sale of any property or wages of any person unless
such action is lawful and the debt collector or creditor
intends to take such action.


Submitted by on Fri, 10/22/2010 - 14:51

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Quote:

Originally Posted by Anonymous
Getting phone calls on a daily basis about 30 minutes apart. They called the HR department at the company I work for. They also told me they were going to have me arrested for the NSF check they have of mine. I live in Kansas. anyone else from this area having that problem??


I live in Kansas and have PDL's.
They cant have you arrested in Kansas for NSF PDL check as far as i know.
If you read the check you write them after you pay them and get it back.
You will notice they stamp dont not press criminal charges for NSF or..
Something,I dont know the exact verbage.
Maybe someone will back me up on this but it sounds like they are..
Trying to scare you.


Submitted by Keagaming1 on Sun, 10/31/2010 - 20:48

Keagaming1

( Posts: 4 | Credits: )


I paid my loan over 2 years ago and today I got a call saying they were seeking a warrant unless I paid another $466 for the fees. My license would be revoked so I called the ACE corporate to plead my case. First of all I am unemployed now going back to school and have really no income. Single mom taken care of a very sick mother so Im not even allowed to work.

I was told if I can prove the original loan was paid in full they will drop the case. Good luck almost 2 years ago and 5 bank accounts later...


Submitted by on Thu, 12/16/2010 - 09:09

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Quote:

I paid my loan over 2 years ago and today I got a call saying they were seeking a warrant unless I paid another $466 for the fees. My license would be revoked so I called the ACE corporate to plead my case. First of all I am unemployed now going back to school and have really no income. Single mom taken care of a very sick mother so Im not even allowed to work.

I was told if I can prove the original loan was paid in full they will drop the case. Good luck almost 2 years ago and 5 bank accounts later..

You can't be arrested for owing a debt, it's a civil matter not a criminal one. These people need to be reported for making false threats against you, please file a complaint against them with your state attorney general and the FTC, it can be done online.


Submitted by Shazzers on Thu, 12/16/2010 - 09:20

Shazzers

( Posts: 17344 | Credits: )


[COLOR=black]The Fair debt collection practice forbids them from telling an employer about any debt. They cannot release any info to your employer or third party. It is against the FDCPA regulations. I work as a collector for a major bank and they threatened me to so I told them to do it and that was it. There are many lawsuits against these people just Google it and if you have any question Google the fair debt collections practice. I am filling a lawsuit against them![/COLOR]


Submitted by on Tue, 01/11/2011 - 20:02

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Quote:

The Fair debt collection practice forbids them from telling an employer about any debt. They cannot release any info to your employer or third party. It is against the FDCPA regulations. I work as a collector for a major bank and they threatened me to so I told them to do it and that was it. There are many lawsuits against these people just Google it and if you have any question Google the fair debt collections practice. I am filling a lawsuit against them!

You don't know your laws very well! The FDCPA only applies to 3rd party collectors and NOT the original lender.


Submitted by Shazzers on Tue, 01/11/2011 - 20:04

Shazzers

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i am from texas and i had a payday loan for 300 total payback is 390. i cant afford to make payments any more i owe now 420. i am scared i will be sued please help. what do i. i have recieved calls from all sorts of numbers i don answer cause i know they will threaten me


Submitted by on Fri, 02/04/2011 - 06:10

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Do not be shaken. They do that so you will hurry up and pay them. I do not know Illinois laws, but in LA they have to accept $50.00 per pay period until the loan is paid off and they cannot add more fees to it. Do not let them have access to your bank account at any time. Pay by credit card or money order. I am clearing up some myself and they threatened me as well, but I did not let them win.


Submitted by on Fri, 03/04/2011 - 10:07

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i have a payday loan thuogh these people made one payment of 50.00 set up another payment of 50 today it didnt go through my bank i told her i can take the payment to the store and pay it she said never mind were gonna do the next step what ever that is. told me if i wanted to make the 50 payment to go ahead but she wouldnt if she was me cuz shes going threww with the next step these people dont even want to work with you, the next thing i now they called my work what can i do im freaking out all i owe them is 309


Submitted by on Mon, 05/16/2011 - 12:12

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Unfortunately the post (being rude and harsh) was accurate on the FDCPA only applying to 3rd party collectors. However, if the company calling you does not refer to themselves as ACE then they are most likely a 3rd party collector.
Here is a site to clear up that confusion: http://www.bargaineering.com/articles/understanding-1st-party-and-3rd-party-collectors.html

Now, for having you arrested, this is FALSE. However, check your state to make sure they can't press criminal charges (you can do so at this link:) http://paydayloaninfo.org/state-information I have looked and a majority of States do not allow criminal charges to be filed.
Other than that, record or document any conversation. I have worked in debt collection and got out b/c of how they were instructing me to treat people even when I was getting their debts paid and taken care of (they were trying to make me be more aggressive and mean).

Even though the FDCPA doesn't apply to 1st party they still try to abide by it; most times. Since harassment is prohibited regardless. If this is happening, contact your local police, the FCC, FTC, and the Attorney General for your state.
Even though you did take out the loan, you still have rights, and we all make mistakes. No one should be made to feel bad about their debt; that doesn't help or resolve ANYTHING. But do talk to them, if they do get unruly, threatening, and making false statements; keep your cool and document everything they are telling you (even the false "scare" tactics). You can ask to speak with a supervisor, demand it in fact. If they fail to comply, then (again) document it, and ask again when they call again. Do not let them run you over. They collectors are paid a commission for resolving your debt and having you pay that day; this is why they are so pushy. The higher the debt, the more commission they make. (at least that is how it worked at my collection company, and found out most do it that way)

**Also, you can speak with a lawyer without having to pay, getting legal advice is free, just call and check around. They will only charge you to take the case. If you get scared, call one up and get some advice on your rights.


Submitted by Carmenbine on Tue, 11/15/2011 - 13:44

Carmenbine

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