I had a loan with Seven Group. I just received a phone call regarding a summons that they are suing me. I am really nervous and need some advice. The person I spoke to indicated I could be charged double the amount and have to pay attorney fees on this. I sent them a letter indicating they were not legal and that I was only requried to repay the original amount of the loan, $300. I have paid 4 payments of 90 for a total of $360. Any help, solutions anyone could offer would be greatly appreciated. :confused::confused::confused:
Debt Samaritan
Posts: 16527
Credits: 288078.39579393 Send message to SOAPLADY
STAY OFF THE PHONE!!!!
Ignore these idiots...nobody is coming to serve you.
http://www.debtconsolidationcare.com...allenders.html
PDL's are ILLEGAL in the following states...
AR, AZ, CT, GA, ME, MD, MA, NJ, NY, NC, PA, VT AND DC
OH AND NH have very restrictive low cost interest rate laws.
SOL for all states
http://www.debtconsolidationcare.com...imitation.html
Posts: 11
Credits: 286.05 Send message to matthewsmw
I can promise you that summons are not served by the phone. I worked for a lawyer for ten years, and am familiar with service of process. Phone is not a valid method of service of process. In addition, before I ever even took out a payday loan, I started receiving calls from some company that called itself "American Legal Services," stating that they had a summons for me that was going to be delivered to the courthouse the next day unless I paid them some foolish amount. To entertain myself, I usually asked them what county the charges were in, or what company had filed them, because I knew that it was some kind of scam. Other times, I gave them the name of an attorney that I knew. But trust me, if a lawsuit of any kind is filed against you, civil or criminal, you will be notified, and not by telephone.
I received a call stating he was from a law office stating I has a court appearance this morning at Providency County and they were calling to see why I did not appear. I indicated I knew nothing about it. He stated there was a mixup with the summons in their office. He indicated I could either settle or schedule for another court date and a summons would be issued. He verified my address and said I would be served and have to appear in court. I notified Seven Group on July 31st that I was revoking my ACH authorization. They did not attempt to charge my account so I thought it was all set until today. Do you think this is legitimate? They said I would have to pay court costs and attorney fees and could have to pay double the original debt. I want to just settle but worried this is just one of their scare tactics. Thanks. :confused::confused:
Posts: 11
Credits: 286.05 Send message to matthewsmw
No, that doesn't sound legitimate. No attorney for the opposing side would call you to ask why you weren't in court. As I said, there are certain ways that summons have to be served. AND, summons are GENERALLY for witnesses, not defendants. The first action in a civil lawsuit is a complaint, and that has to be served in person, with YOU signing that you received it, by Sheriff, again, with YOU signing that you received it, or by certified mail, once again, with YOU signing that you received it. If it were criminal, there would have been a warrant for your arrest, and again, you would not have been notified by phone.
Don't worry. These people are the ULTIMATE scammers, and are only trying to get you to bend to their will. I am really confident, after only one day of putting the plan outlined here into action, that we are in the right. Stand your ground! Don't pay them anything more than the principal of the loan.
Debt Samaritan
Posts: 16527
Credits: 288078.39579393 Send message to SOAPLADY
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Wrong....you receive a summons when you are being sued...and you are the defendant.
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The complaint is made to the court
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you are served a summons which contains the complaint information
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a summons generally can be served on anyone over 16 years of age residing at the household. YOU do not have to be served personally.
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In some states is is a sheriff, in others a process server or another third party.
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not in all states. In some states it can be dropped at your feet or just handed to you.
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Again, only if state law requries it. Some states you can be served by publication, others allow a summons to be "nailed" on your door. It alll depends on the rules of civil procedure for the individual state,.
http://www.debtconsolidationcare.com...allenders.html
PDL's are ILLEGAL in the following states...
AR, AZ, CT, GA, ME, MD, MA, NJ, NY, NC, PA, VT AND DC
OH AND NH have very restrictive low cost interest rate laws.
SOL for all states
http://www.debtconsolidationcare.com...imitation.html
Posts: 14285
Credits: 110347.07042814 Send message to paulmergel
the real issue is that a complete maggot is calling and breaking the law.the OP needs to first confirm nothing is on the dockets with their court clerk.then file police reports,and ignore this mutant.another issue is the blamket misinformation being posted.soaplady as usual is spot on.the OP shpuld heed her advice.
Posts: 11
Credits: 286.05 Send message to matthewsmw
Soaplady, you are correct...I was wrong. I was thinking about subpoenas.
Sorry, OP...
However, summons are still NOT served by phone. You can always ask how you were supposedly served. The methods that I listed for the serving are still correct. Someone has to sign for it. :eek:
Debt Samaritan
Posts: 5223
Credits: 71492.266580171 Send message to OhioGal1
That's not true.
In some states you can be summoned by mail or even by an ad in the classifieds section of the newspaper.
I am not an attorney. I am not offering legal advice. The information and ideas I share are my opinion only and do not necessarily reflect the opinion(s) of the owners of this website.
Posts: 11
Credits: 286.05 Send message to matthewsmw
OK...sorry...guess I'm wrong again. Won't post anymore...
Debt Samaritan
Posts: 5223
Credits: 71492.266580171 Send message to OhioGal1
You're welcome to post :)
We just like to make sure that people are given accurate info. It's important. Especially when litigation is involved.
I am not an attorney. I am not offering legal advice. The information and ideas I share are my opinion only and do not necessarily reflect the opinion(s) of the owners of this website.
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