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Served papers

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PostPosted: Thu Jul 05, 2007 11:57 am Subject: Served papers

I was just served a 20 days summons for a paydayloan (I believe). The amount is for $795 through National Credit. I took out a couple of payday loans in early 2006 and this is one of them that I didn't pay back. I paid back all but this one. The summons is asking for a written response to be filed with the district court and the plaintiff within 20 days or the court finds for the plaintiff. What is the next step I should take? I've left some messages for an attorney as I would rather not have my wages garnished and would like to see a repayment plan.
outlaw8117

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PostPosted: Thu Jul 05, 2007 12:02 pm Subject: loan

Outlaw, I dont know much about court. Somebody will be around that does. But WELCOME BACK. KYSIDE38
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PostPosted: Thu Jul 05, 2007 1:45 pm Subject:

It would help if you mention what state you live in because these things are handled differently in different states. Maybe someone here will have knowledge of the procedure in your state.
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PostPosted: Thu Jul 05, 2007 5:21 pm Subject:

If it is truly your debt, you should probably answer the summons. My brother had that happen to him (we live in NY) and the court allowed a payment plan rather than wage garnishment. The court was really good about it too...they basically gave him 12 months to pay it back.
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PostPosted: Thu Jul 05, 2007 5:24 pm Subject:

First step is to answer summons with a general denial.
Next you need to figure out if this loan is legal in your state. In the courts eyes if the contract violates law,it is a null & void contract.Please contact one of the pdl gurus here for that part of it.

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http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com/forums/about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.
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PostPosted: Thu Jul 05, 2007 6:36 pm Subject:

As to wage garnishment, it depends on which state you are in. Several states are non-garnishment states.
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PostPosted: Thu Jul 05, 2007 7:16 pm Subject:

Now is this loan storefront or an ipdl? And are they licensed in your state? This will depend on how you approach this.
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PostPosted: Thu Jul 05, 2007 7:54 pm Subject:

What state are you in?
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