pay advance?

Question

my best friend got a payday advance and now she cant pick it up, it has been several months and the check is still there and i was wondering can they or have they been known to actually file civil suit for a 230 check i dont have the money to help her but if it meant her getting sued i would find it, wasnt for sure if anyone has or knows someone who as actually been sued before?? Any help would be great so i know if i need to prepare to bail her out of this jam

also would i be allowed to pick it up for her or would she have to be present i wouldnt want to get her the money and she do something foolish

Answer 1

Your question is contradictory..
You state they have a check that she can't pick up and yet, you are wondering if they will collect on a loan that she hasn't signed the acknowledgment of receipt for?

Also, is this done on a bank draft or in person?

If she never got it, then cancel the request for the loan.

If they send her dun letters (collection letters) on a loan she never received, she doesn't owe it, but may be bound in contract to pick it up or forfeit the payment and owe a processing fee (which is a dirty legal manner to rip you off at 25-35%).

Either way, review your states rights, file a complaint with your state atty generals office of consumer affairs and go the the FTC.GOV site for federal regulations and file a complaint there also, if they are trying to collect on a loan your friend doesn't have.

Then again, you must read the contract.

Even though the contract states one thing. You can still protest it through the FTC and your state atty general's office. Also, no, you cannot pick up payment. That constitutes a violation of third party laws and the lender could be sued as well as take a loss. The only way you could get it is if she signs an affidavit for you to pick it up and this can be done in person or via fax if they allow it.

Also, I want to make one thing clear.. There is no jail time or arrest warrants issued on unpaid loans. This is a loan and not a transaction for services and goods, which falls under a seperate civil matter.

So do not believe anyone who tells you otherwise, as they do not know the laws!

I am licenesed and trained in recovery of all 50 states.
I can assure you, there is no debtors prison. If there were, I would be in jail and so would 90% of the population.

You can ask my friend Bud Hibbs or anyone in collections. www.budhibbs.com

Answer 2

She would need to refer to the contract on the advance that was done. They can file a civil judgement against her and if not satisfied, file a garnishment against her wages. This all depends on the company and which state the advance was done in.

It's best for her to contact the location where she made the advance and work on a payment arrangement with them. Even after filing the judgement, they could make arrangements with her, but she may be liable to pay the court costs, late fees, ect.

Payday advances are good if used properly....but if you try to ignore them and think they'll go away by stiffing the company, it will show up sooner or later somehow. It's always best to make sure all debts are satisfied, never know when you'll need them again.

Answer 3

If she hasn't picked up the payday advance, there really isn't a lot they can do to her. She hasn't incurred any debt. As for you picking it up, no you cannot do so. She must be present. I suggest she go see an attorney immediately. She may have other problems due to her actual agreement with the company providing the advance. She may owe them fees, etc.

Answer 4

It can cause her to go to jail. They can put it against your drivers license. They can issue a warrant for your arrest for the check. Every state is different in what they want to pursue. I would recommend she at least pay the interest on it. Keep herself out of trouble