Cash Call

or the person is making an effort and they are accepting the payments!

If payment is being accepted, than that legally implies that they are willing to work with you while the payments are being made. They legally can not seek a judgement if they are cooperating with incoming payments. They would first need to cease taking any payments to seek a judgement.

Just be sure to save all documentation of made payments.

Anthony, I had heard that before so it is actually good to have confirmation of that. I always consider some payment better than no payment if you can't make the whole thing, my problem is I'm just behind but making more than my monthly in hopes of catching up. Someday I will get there

They can't just decide, out of the blue, to seek judgment, if they are accepting even a dollar on a debt. They must inform you to send no more money while a judgement is being sought.

Are you sure? I would think that if they are not getting what the contract states, they could sue. Just because they would still accept less doesn't mean that they are agreeing to your plan.

But maybe that is right, because I've heard that Cash Call will not accept less then the minimum payment.

If you are in a non garnishment state what happens when a creditor gets a judgement against you is that they get a court order to seize your bank account, or any assets allowed by law. Personally, I would rather have a garnishment, because there are laws on the amounts they can take. A creditor gets a order to seize your bank account and the account is frozen.

And yes, Cash Call does sue. I know people that have been sued by them before. They usually will wait a while after you stop paying so that the amount owed ballons up. The judge doesn't care about the interest rate. It is legal. You signed it. The judge doesn't have much sympathy. In my county, the judge only cares about if you legally owe the debt or not. That is it. If you legally owe, a judgement is entered against you.

So, if you reside in a non-garnishment state and someone takes a judgement out on you, you have no option but to let them seize your bank account and assets because they can't garnish your wages? Is that what it basically means? Because, if so, that's scary. I would rather have a garnishment.

Goudah, so if I'm understanding you, what you are saying is that they will sue you but not if you are continuing to make your payments when you stop they go for it and will win a judgement against you. As in my case I am making the monthly just am behind a month and a half at this point, so they will just keep hounding until I stop altogether(not an option for me, I like my paycheck and my bank account!)

I can't say for sure, but I do know that the people I know that have been sued all hadn't made a payment in months. I would think it wouldn't be worth their time and money to sue someone that is still making payments. But legally speaking I think they could if you weren't paying per the contract.

Yes, if you reside in a non garnishment state and a judgement is entered against you, the creditor can file a motion with the court to sieze your bank account(s). You have no warning of this, obviously, because if you knew it was going to happen you would take all your money out!

Interesting stuff! Thanks for the excellent input like always. Pauli'sGirl

Hey you'll all get a kick out of this, recently when I was contacted on my late payment to CashCall, the collector suggested I take a PDL to make the payment to them! I laughed at that suggestion and told him it wasn't an option

Oh, please tell me you are kidding! Why, oh why, do I continue to be amazed????

NO I am definately not kidding, I couldn't believe it, what a joke. Oh well least I'm smart enough to not follow that path again!

Thank God! How many people are they telling to do this? And how many poor people are actually doing it? Oh my God........

That is why I thought to mention it just in case someone who hasn't fallen in the pdl trap but has fallen into cashcall hands sees this they may think twice!