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Help with PDL court summons!

Date: Thu, 12/21/2006 - 21:43

Submitted by anonymous
on Thu, 12/21/2006 - 21:43

Posts: 202330 Credits: [Donate]

Total Replies: 2


I also got myself into the payday loan trap, and today I received a summons in civil action. I owe Checksmart $599.50 ($575 + NSF fee). I want to pay it off, but they wouldn't negotiate payments with me. They wanted it all in one lump sum, and I just couldn't afford it. I don't want any more blemishes on my credit report. Is it too late to avoid getting a judgement made against me? What should I do? I 'm way too stressed out over this. What a nightmare! Even if they would let me pay 3 payments of $200 per payday, I could work it out. Why are they so rude and stubborn? They've made a lot of money from me over the years (approximately $150 per month in interest and fees for the past 4 years), and now they treat me like dirt! Help! I have 28 days to respond. Sincerely, JA (Dayton, OH)


Generally if you showed up in court, the judge would give you a payment plan, anyway. Even if they opted to try to garnish your check, they wouldn't get it all at once. While they don't have to accept a payment plan prior to court, you might use that as your argument with them. Tell them it will take them longer to garnish your paycheck than if they just accepted your $200/paycheck voluntary plan.

If they truly want to be stubborn and go to court, you really have no choice other than to pay it in full before the court date. If it does go to court, several things can happen: 1) you can work out a written payment plan in court, before it gets to trial, and dismiss the case by stipulation; 2) it can go to trial and they can get a judgment; 3) if they get a judgment, you can try to get a court-ordered payment plan, or they may try to get a wage garnishment order.

If you can pay $200 per paycheck, I would send the money via certified mail. At least in my state (IL), a finance company has an obligation to post payments (ie we cannot refuse a payment). Over the next month that should be about $400 you send to them. Show up to court and show the judge proof that you have sent them $400 and really all you owe is the remaining $200.00.

If that doesn't work, just set your $200 aside for the next three checks. When the times comes, you can then pay it in full.


lrhall41

Submitted by DebtCruncher on Thu, 12/21/2006 - 22:03

( Posts: 2293 | Credits: )