Quick Answer
If ACE Cash Express has filed a lawsuit against you in California, you have a limited time to file a response — typically 30 days from the date you were served. Ignoring the lawsuit will result in a default judgment against you, which can lead to wage garnishment or a bank levy. You have rights under California and federal law. This page explains who ACE Cash Express is, their history of regulatory and legal violations, the types of loans they offer, and what your options are.
Who is ACE Cash Express?
ACE Cash Express, Inc. is one of the largest payday and short-term lenders in the United States. Headquartered in Irving, Texas, ACE operates under the parent company Populus Financial Group, Inc. ACE has operated in California for decades, with store locations concentrated in Los Angeles, San Diego, Sacramento, and San Jose, and offers loans both in-store and online.
In California, ACE is licensed by the California Department of Financial Protection and Innovation (DFPI) under the California Deferred Deposit Transaction Law (CDDTL), Financial Code § 23000 et seq., and the California Financing Law (CFL).
ACE Cash Express’s regulatory and legal history
ACE Cash Express has one of the longest and most serious enforcement records of any payday lender operating in California. It has faced action from federal regulators, California state regulators, and private class action plaintiffs — more than once.
CFPB enforcement action — 2014
The Consumer Financial Protection Bureau found that ACE used illegal debt collection tactics — including false threats of lawsuits and criminal prosecution — to pressure borrowers into taking out new loans they could not afford. ACE paid $5 million in consumer refunds and $5 million in civil penalties.
Source: CFPB v. ACE Cash Express — 2014 Enforcement Action
California DBO — 2010 Desist and Refrain Order
The California Department of Business Oversight (now DFPI) issued a Desist and Refrain Order against ACE in 2010.
Source: DFPI Enforcement Action — ACE Cash Express
California DBO — 2015 accusation and suspension attempt
In 2015, the California Commissioner of Business Oversight moved to suspend ACE’s payday lending license over alleged lending violations and violation of the 2010 consent order. ACE ultimately settled, paying a fine, and continued operating in California.
Source: DFPI Enforcement Action — ACE Cash Express
California DBO — 2019 Consent Order
ACE entered into another consent order with California regulators in 2019, representing the fourth documented enforcement action by California authorities against the company.
Source: DFPI Enforcement Action — ACE Cash Express
CFPB lawsuit — 2022
The CFPB sued ACE again in 2022, alleging that ACE concealed free repayment plans from struggling borrowers and made unauthorized withdrawals from borrowers’ bank accounts beyond what their contracts permitted. The CFPB alleged these practices generated at least $240 million in fees. The CFPB Director called ACE a “repeat offender.”
Source: CFPB v. Populus Financial Group d/b/a ACE Cash Express — 2022 Lawsuit
Types of loans ACE Cash Express offers
ACE offers multiple loan products. In California, the applicable laws and limits differ by product type.
Payday loans (deferred deposit loans)
Governed by the CDDTL (Financial Code § 23000 et seq.). The maximum loan is $255 in cash, with a maximum fee of 15% of the face amount of the check ($300 maximum check). The loan term cannot exceed 31 days. ACE cannot roll over a payday loan in California.
Installment loans
Governed by the California Financing Law (CFL). These are larger, longer-term loans repaid in installments. Interest rate caps apply under the CFL. California regulators have repeatedly cited payday lenders — including ACE — for steering borrowers into installment loan products in ways that evaded interest rate limits.
Title loans
ACE offers auto title loans in some states. Title loans use your vehicle as collateral. If you default, the lender can repossess the vehicle. In California, title loans are subject to the CFL and DFPI oversight.
Other financial services
ACE also offers check cashing, prepaid debit cards, money orders, bill payment, and wire transfers. These services do not involve a loan but may generate separate fees.
If ACE Cash Express is suing you
When ACE Cash Express files a lawsuit against you in California, you will be served with a Summons and Complaint. The Summons will state the deadline to file a written response — in most California civil cases, you have 30 days from the date of service.
The most important thing to know: do not ignore the lawsuit.
If you do not file a response, ACE can ask the court for a default judgment. A default judgment gives ACE the legal right to collect against you through wage garnishment or a bank levy on your bank account. California does provide exemptions that protect certain income and assets from collection, but those exemptions do not apply automatically — you must assert them.
California law gives you the right to file a written response and contest the lawsuit. In your response, you can raise defenses including:
- The statute of limitations. Under CCP § 337, the statute of limitations on a written contract in California is four years. Under Civil Code § 1788.52, a debt collector suing on consumer debt must plead and prove the debt is not time-barred. If ACE is suing you on a debt that is more than four years old from the date of your last payment or default, you may have a complete defense.
- Improper or defective service of the summons
- Errors in the amount claimed
- FDCPA or Rosenthal Act violations as a counterclaim, if ACE used illegal collection tactics against you
If you want step-by-step guidance on how to file a response to a debt collection lawsuit in California, see our California Debt Lawsuit Course.
Could bankruptcy help?
If the ACE Cash Express debt is one of several debts you are struggling with, bankruptcy may be an option worth exploring. A Chapter 7 bankruptcy can discharge unsecured consumer debt, including payday loan and installment loan debt. Filing bankruptcy also triggers an automatic stay that stops all collection activity — including a pending lawsuit — immediately upon filing.
Bankruptcy is not the right answer for everyone, but if you are dealing with multiple debts and a lawsuit, it is worth a conversation with a bankruptcy attorney.
Frequently asked questions
Does ACE Cash Express actually file lawsuits in California?
Yes. ACE Cash Express and its affiliated collection entities do file lawsuits against California consumers to collect on defaulted payday and installment loans.
What happens if I ignore an ACE Cash Express lawsuit?
If you do not file a response, ACE can obtain a default judgment. With a judgment, ACE can pursue wage garnishment or a bank levy against your bank account in California.
How long do I have to respond to an ACE Cash Express lawsuit in California?
In most cases, you have 30 days from the date you were personally served with the Summons and Complaint.
Can ACE Cash Express garnish my wages in California?
Only after obtaining a court judgment. ACE cannot garnish your wages based on a lawsuit alone — it must first win or obtain a default judgment, then follow the legal process to garnish wages.
What is the statute of limitations on an ACE Cash Express debt in California?
Under CCP § 337, the general statute of limitations on a written contract is four years. Under Civil Code § 1788.52, a debt collector suing on consumer debt must affirmatively plead and prove the claim is timely. If the debt is more than four years old, this may be a defense.
Can I sue ACE Cash Express?
If ACE used threatening, false, or harassing tactics to collect a debt, you may have claims under the FDCPA (15 U.S.C. § 1692 et seq.) and the Rosenthal Act (Civil Code § 1788 et seq.). Successful FDCPA claims can result in statutory damages, actual damages, and attorney fees.
Is ACE Cash Express licensed in California?
Yes. ACE Cash Express is licensed by the DFPI under the CDDTL and CFL. You can verify the license at the DFPI public license lookup tool at dfpi.ca.gov.
What types of loans does ACE Cash Express offer in California?
ACE offers payday loans (up to $255), installment loans, and title loans, as well as check cashing, prepaid debit cards, bill payment, and money order services.