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#1
05-07-2007, 12:18 PM
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I am being sued by internet PDL Tremont
So much for out of state jurstiction.... I guess these guys can and will do what they want and charge what they want. I live in California and Tremont is suing me in South Dakota. I called the clerk there and told her that i live in California and she said oh that is going to be a long commute.....lol. I didnt laugh, My question is if they win can Tremont get a court order to garnish my wages?
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#2
05-07-2007, 12:48 PM
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Did you originally take the loan when you were in South Dakota? Check the fine print from Tremont. It will mention the state where the case will be filed in case of a dispute. Usually, the legal actions take place in the state where the borrower resides.
Their chances of winning the case is more if they prove your inability to pay the debt and you are not working out any payment arrangements. In that case, your wages could be garnished. Your best move will be to call Tremont and set up a repayment plan.
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#3
05-07-2007, 01:01 PM
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no i took out the loan over the internet and i live in California, in the fine print it sais that they may file a small claims suit in South Dakota. They will not make any arrangements with me they want the full amount by the court date. which is june 13
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#4
05-07-2007, 01:20 PM
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being sued
Have you been served papers all the way from South Dakota? How were you notified? Even if they win by default it will be non collectible because you live in California and the loan was taken out on the internet. They are bound by the law in the state in which they are doing business, in your case California. They can't get a court order in South Dakota to garnish you wages in Ca. Unless there is some strange reciprocal agreement between the two States which is highly unlikely. There are several lawyers on this forum. One of you please correct me if I am wrong.
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#5
05-07-2007, 01:25 PM
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The absolute first thing I would do is contact the California Attorney General and give them all the documentation you have. I have been told he is taking a very hard stance on pdl internet companies.
__________________
Cajunbulldog Keeping an eye out for consumers. http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809 http://www.ftc.gov/os/statutes/fcrajump.shtm http://www.debtconsolidationcare.com.../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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#6
05-07-2007, 01:28 PM
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I was notified certified mail by the small claims court in south dakota after talking to the clerk again she has said that i am obligated to explain in writing the validity of the suit and request to testify by phone. Tremont has assured me that they do this all of the time to get a court to garnish my wages in California. On there website they state that they are doing buisness in South Dakota and will go by these laws and if you do not agree do not proceed.....wish i could go back and relive this stupid little mistake......and not proceed.
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#7
05-07-2007, 01:36 PM
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Again I ask you contact your Attorney general.He has outlawed quite a few of these companies.You may find they cannot touch you.
__________________
Cajunbulldog Keeping an eye out for consumers. http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809 http://www.ftc.gov/os/statutes/fcrajump.shtm http://www.debtconsolidationcare.com.../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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#8
05-07-2007, 01:55 PM
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what information do i give the Attorney General?
I stopped payment after the first ACH when i realised that they had only taken out the $175 when i owed $350 i called and asked them why they hadnt taken the full amount and they said that they would the next pay day in the tune of $400. Thats when i decided to close my account before they did that, and then there was no reasoning with them. Guess i should have paid the $400 now it looks like i am being sued in small claims for $600 and court costs and aggravation. I dont have any paper work and Tremont will not send, fax or email the original contract the only thing i have is the generic on the web site and i am almost positive that my original didnt say anything about having to notifiy them that i wanted to pay the full amount of the loan before the due day.
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#9
05-07-2007, 02:04 PM
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Cajun
Being from California I am sure you have had good luck with the AG.. Please tell me who there has helped you because I have had zero luck and I also live in Cal.. They pushed mine off to the DOF and did asign a agent I was told that they would handle but as far as helping me I should get a lawyer.. SO please tell me who helped you or told you that California was helpful as you State that above in your post.. I sure could use the help...
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#12
05-07-2007, 03:22 PM
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kscornell is the one that told me about Ca. Ag being agressive towards pdls.Perhaps yall could contact her directly.
__________________
Cajunbulldog Keeping an eye out for consumers. http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809 http://www.ftc.gov/os/statutes/fcrajump.shtm http://www.debtconsolidationcare.com.../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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#13
05-07-2007, 03:57 PM
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I'm sorry to hear this. This is really the first time that I've heard of an internet lender taking someone to small claims court. I'm also surprised they won't make payment arrangements with you. I'm really not familiar with California laws but you can go to paydayloaninfo.org to check on the laws. As far as garnishment, I always believed it had to be in the county where you resided to go through the court system. At least it's how it is here. I would also follow up with a complaint to the AG in California.
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#14
05-07-2007, 04:17 PM
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Mishele this is the first time I have heard of it too!!! I guess this is a reality check for all of us....that some of these places WILL take you to court. edwtoo, follow the advice that you have been given. Something about this does not sound right to me.
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#15
05-07-2007, 04:40 PM
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It figures that i would be the first to get this...everyone keeps saying that they cant do that but i am learning that they can.
The thing is i am very sure that the loan i was getting was a loan that would not rollover and once it did i was very surprised and when i talked to Tremont they said that they are sorry but i was supposed to notify them that i wanted to pay off the loan in full so when they wanted another $400 i closed my account and did the wait and see thing which was bad Tremont tried the wage attatchment route but i notified my payroll that i was cancelling my wage attatchment and Tremont said no problem they will get a court order. And now they are suing, I will be trying to fight them in small claims court to maybe get it reduced and make them accept payments by Mail. Why do PayDay loan companies not want to take payment by mail or even send anything by mail.
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#16
05-07-2007, 04:42 PM
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Well I bet they are counting on winning by default because you live so far away....Do you still have a copy of the original contract? I would try to locate anything...also wouldn't they have to make payment arrangements with you before they could sue? this seems very fishy to me....
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