Thursday, August 19, 2010

Need some advice! Payday loan company taking us to court, already making payments and they won't accept them!?

So my husband's route (he's a driver) got cut in half so we're unable to pay this advance in full...among other bills. Anyway, they are being really rude about it and returned a cashiers check that we mailed them. We also sent another check to them before finding out they returned the first one. Anyway, they're refusing payment, and taking him to court!! Is the judge going to let that fly? The amount owed is around $700...we've mailed $80 in payments so far (that they sent back). Can they even do that? If so, what should we say to the judge? Shouldn't we fight having to pay court costs?Need some advice! Payday loan company taking us to court, already making payments and they won't accept them!?
Of course they can do that. You signed an agreement to pay x number of dollars per month. You have no legal right to lower the payment amount. You will be made to pay the bill plus late fees and court costs. Suggest you do not miss that court date.Need some advice! Payday loan company taking us to court, already making payments and they won't accept them!?
Really its not something I would recommend often and it can get you in worse trouble. But sometimes its the only choice. Good luck.
I have to second Sassy on this one. I will add that you need to consult with a lawyer on what your options are.
Most likely, you won't be held accountable for any meaningful amount of legal fees... I've been sued twice over delinquent credit card accounts. Neither time was I charged more than like $30 for legal fees / etc. They will get a court order though, and may garnish your wages or seize money from your bank accounts and/or tax refunds, etc until the debt is paid.





It seems silly that they would bring you to court over such a paltry amount- and so quickly (judging from your description).





EDIT:


In addition... I would not suggest that you get yourself a lawyer for this situation as there is not a whole lot he can do that you can't... if you know a lawyer who practices in your state, go ahead and ask him for some advice... but it would seem that your financial situation is tough enough as it is without paying a lawyer $300/hr.
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