Help with PDL court summons!
Date: Thu, 12/21/2006 - 21:43
Generally if you showed up in court, the judge would give you a
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.
Checksmart is a stubborn company to deal with. I'm dealing with
Checksmart is a stubborn company to deal with. I'm dealing with them right now also. Some lady from their corporate office called me one day and said that if it goes to court, I might end up paying 3X the amount of the check, which includes the court costs and their attorney fees.