Stop Payment On Cash Advance Check

[AshShep01]

Has anyone every stop a payment on a cash advance check?

[music12]

i never used one. did you use it to pay someone or to get cash yourself? if it's only to get cash yourself, you could call the CC company and ask them to cancel it, and if they don't, you could pay it back right away, which is similar to cancelling.

however, if you paid someone else, stopping it without getting the someone else to agree may be very illegal.

[OhioFiler]

I don't see how you have any authority to stop payment on a check issued by a third party in your name.

Sounds like you just pushed back your filing date.

[Nicollette]

Has anyone every stop a payment on a cash advance check?

Are you referring to a payday loan store where you write them a check, they give you the money, and then deposit your check a week or two later? If so, the payday loan place could possibly take you to court for "passing bad checks." I'm not saying they would, but you never know. I was in that same predicament and just let the checks bounce, and included the payday loan place, and the overdrawn bank account in my BK. I'm not saying this is good advice, but that's what I did.

[blankslate]

call the company that issued the payday advance and tell them you simply don't have the money in your account and it will bounce if they try to cash it. Ask for an extension or payment plan. Most of them are pretty good about this. Issuing a stop payment could get you into a lot of trouble.

[kvangild]

I thought in some states that Payday loans can't be taken to court (small claims).

[Notes4fr]

Same deal here. (payday loan store).

You should check (no pun intended) your local laws. Our county does not allow "deferred presentation" checks to be prosecuted. It is handled as a loan and is handled as a regular creditor. I let the check bounce and will be including it in the bankruptcy.

I actually went to the payday loan store and told them that I was preparing to file BK and asked how it was usually "handled". They said that most people that file BK never let them know, and they don't find out until they get the papers. They were surprised that I actually went to them to let them know in advance. They said they appreciated it (though it was quite nerve racking on my side... had all sorts of worst case scenarios working through my mind!). I am glad I did it that way (letting them know).

They did say that I was not the first person that had ever filed BK that had an outstanding loan with them!

I would have done a stop payment, but they do an Electronic Transaction instead of a paper check deposit and my bank requires a three day in advance stop payment request for electronic transactions.

That was/is my experience. Take from it what you will! :-)

[LuciluS]

I don't see how you have any authority to stop payment on a check issued by a third party in your name.

Sounds like you just pushed back your filing date.

Yup! Cuz paying it back would be a preferential treatment right? OhioFiler or anyone?

Luci

[OhioFiler]

Yup! Cuz paying it back would be a preferential treatment right? OhioFiler or anyone?

Luci

I'm assuming the OP was using one of those nice little checks the CC companies send us and then wished they had not used it. Paying it back isn't the issue so much as using the check just prior to filing.

[StartingOver08]

I'm assuming the OP was using one of those nice little checks the CC companies send us and then wished they had not used it. Paying it back isn't the issue so much as using the check just prior to filing.

Exactly right. Also, the larger the cash advance, the OP might want to consider waiting a little longer.

I remember a recent poster that had their case dismissed because they had quite a large cash advance and filed within the 70 day window. I will look around for the thread to post. But the most common event is to have that specific amount challenged by the creditor. You might have to pay that amount back if your filing date is too close to the cash advance date.

Take a look at this thread: http://www.bkforum.com/showthread.ph...smissed&page=3

Here is another thread about cash advances: http://www.bkforum.com/showthread.ph...cash+dismissed

[AshShep01]

ok guys... it is a store front cash advance from Amscot in the State Of Florida. I have already took the time out to inform myself of the laws. In the state of FL they can not take you to court for your cash advance. I thought about trying to get a payment plan. But at this point and time I really do not have the money to even think about paying them back. I did a stop payment with my Bank today. They called to confirm, and charged me $29.00, the stop payment is good for 6 months. I didn't include the cash advance place in my BK, because I still needED the money to make ends meet. At this point the worst they can do is send a 3rd party collection agency after me. At this point it really doesn't matter I am to busy trying to get just my monthly bills on track since my bankrupty. STAY AWAY FROM CREDIT CARDS AND CASH ADVANCES, they are really meant for Evil.

FILED 02.12.2009
341 MEETING 03.25.2009
RE-AFRIM HEARING 06.08.2009
DISCHARGED 06.16.2009

[StartingOver08]

Sorry. Did not know you had already filed BK and have already been discharged!