Ace Cash Advance And Delanore Kimper And Associates threatened me with jail on my work phone, i am very nervous i cant work Atlanta Georgia
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. I told them I could keep sending payments as i was doing but they refused. 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 rediculous letter that had my jobs adress 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!!!!!
Msclem
Norcross, Georgia
U.S.A.
3 Updates & Rebuttals
Msclem
Norcross,Georgia,
U.S.A.
Did you read what i wrote?
#4Author of original report
Fri, April 11, 2008
If you read what i wrote you would see that i do know the FDCPA, my question was about the bad check and jail time....thaaaanks!!!!!
Robert
Buffalo,New York,
U.S.A.
No jail time for a bad debt, but...
#4Consumer Comment
Thu, April 10, 2008
You can be prosecuted and if found guilty, be sent to jail for a time for deliberately writing a bad check. Don't panic - it's hard to prove intent, and most courts will not impose jail time for a first offender if it's a small amount- usually restitution and perhaps some hours of community service.
This is what most PAYDAY loan outfits do. They want a post-dated check on hand for when the loan is due. Then, if the check isn't any good, they threaten with prosecution for a bad check (NOT a bad debt.)
Many states have outlawed such loans and when they are legal, there are specific requirements for the amount and how far into the future the check may be post-dated.
A debt collector (as you claim) should already know what can and cannot be done legally. I suspect you won't find much sympathy on this site, considering all the reports of the illegal activities of third party debt collectors.
If you don't know how to force them to validate the debt and you have documentation to prove what you already have paid, then you should read the Fair Debt Collection Practices Act. I'm sure you employer has a copy laying around some where - probably lining a cat litter box.
Steve
Bradenton,Florida,
U.S.A.
If you really are a collector, you SHOULD know the answer!
#4Consumer Comment
Thu, April 10, 2008
As a collector, you should know the law. Therefore, you should not be on here asking that stupid question. Have you had any training at all?
You CANNOT go to jail for a bad debt.
Even the threat or implication of jailtime by a collector is illegal.
Common sense here.