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ace cash advance loan- will i go to jail?

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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!!!!!




Amaranth
Posts: 271
Credits: 4108.05

Sub: #1 Hello- Rest assured, there is no way they can put you in jai
Wed, 04/09/2008 - 16:49

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.




Shazzers


Posts: 17419
Credits: 159278.85

Sub: #2 Well first of all, payday loans are prohibited in Pa. Was this a
Wed, 04/09/2008 - 18:48

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




Shazzers


Posts: 17419
Credits: 159278.85

Sub: #3 Well Ace Cash Express is a Store front right? Hopefully someone
Wed, 04/09/2008 - 19:00

Well Ace Cash Express is a Store front right? Hopefully someone who knows more about this company and the laws of Pa will be along to help you shortly. If you have an Attorney who is dealing with this, then that's a smart move on your part, it sounds a little shady to me. :?




cannr

Posts: 9317
Credits: 129842.7

Sub: #4 shazz, since msclem took out the loan in 2004, there may have st
Wed, 04/09/2008 - 19:32

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.




Shazzers


Posts: 17419
Credits: 159278.85

Sub: #5 cannr shazz, since msclem took out the loan in 2004, there may
Wed, 04/09/2008 - 21:33

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. :)




cannr

Posts: 9317
Credits: 129842.7

Sub: #6 shazz, no problem! That's why we're all here! We can all help ea
Thu, 04/10/2008 - 17:03

shazz, no problem! That's why we're all here! We can all help each other out! One big team! :D




Unregistered

Sub: #7 wil i go to jail?
Thu, 01/22/2009 - 12:46

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.




paulmergel


Posts: 15508
Credits: 135761.15272958

Sub: #8 reply
Thu, 01/22/2009 - 12:52

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.




Unregistered

Sub: #9 Ace cash express Texas
Tue, 03/10/2009 - 13:24

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.




nohiogal

Posts: 2584
Credits: 11799.75

Sub: #10 First off they are harrassing you by stating they are going to s
Tue, 03/10/2009 - 14:09

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?




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