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Guest · Posted: Tue Jul 08, 2008 6:31 am Subject: cash advance usa

that is the thing hire an attorney over $275

Posted: Tue Jul 08, 2008 6:37 am Subject:

What about small claims court? You could do that for a $275 debt. The thing is... they probably wouldn't show up, so you would automatically win. Very Happy

Jen

Posted: Tue Jul 08, 2008 6:51 am Subject:

It will cost them more to sue or even take legal action.

Guest · Posted: Tue Jul 08, 2008 1:38 pm Subject: cash advance usa

they always claim that the expense would fall back on me for legal fees?

Posted: Tue Jul 08, 2008 1:51 pm Subject:

You do have everyright to ask them to prove the amount that they say you owe, but what everyone is trying to say is that the fdcpa act does not apply to an original creditor. Essentially you have everyright however to ask them to prove it tot he same standard to which a judge might hold them to in a civil suit.. which brings me to another issue. they appear to be threatening both civil and criminal action.. that is not going to happen, they may be able to use civil check collection laws to recover the money but there is no state in the US that will allow criminal charges on a defaulted PDL... Their threats appear to be an attempt to intimidate you and that would not hold up in court if it went that far.. keep building your documentation, its your word against theirs... and in court it is the preponderance of the evidence that prevails...or he(she) with the biggest papaer trail wins (most of the time)

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