Tremont Financial also!! Please help

Hey Happy. Welcome. Let's see if we can get that username a more accurate description of you. :) You write "they are filing small claims in South Dakota". Do you have proof of this, or did some person tell you this over the phone? Cuz basically, that is a lie. IF (and we'll get more on "if" in a bit) they loaned to you and you live and Florida, the loan falls under Florida law, and as such, if they want to file against you, it must be in Florida.

Now - you say the company is Tremont Financial. If you haven't, read this about them:

http://www.debtconsolidationcare.com/settlement/tfc-hazard.html

Also, if you haven't, check out Polly's blog about you rights against PDLs:

pollyandsay.yesdebtfree.org/

You can find some great stuff about the laws in Florida here:

paydayloaninfo.org/state_detail.cfm?id=FL

I wonder about whether you have done enough for this loan and they are now violating the law. Let's hang out - some more people with better experiences fighting PDLs will post.

Tremont Financial must have a valid license in your state before they can take you to the court. Any legal proceedings are to be done in the state where the borrower resides. You don't need to go to some other state for attending the court hearing.

Do you have the contract signed by this loan company? Verify the interest rates and fees added by this pdl place with your state laws. Get some ammunition by being aware of your rights and put a strong fight against the company. They must charge on your account according to your state laws and adjust the balance with your previous payments.

How do I find out if they have a valid license in Fla? And was served a paper stating they filed a claim against me in small claims court in South Dakota. I am afraid that they will try to garnish my wages. I will check the links you listed!! You are all so nice to help!!

Thanks!! :lol:

Patricia? your answer is coming up.........brb!

Thank you!! I can wait!! :D

here you go Patricia! Link here:

http://www.paydayloaninfo.org/state_detail.cfm?id=FL

I found out they are not licensed in Florida does that mean they can not try to have the court of South Dakota small claims pass judgement to garnish my wages?

Sorry, I'm not an attorney, just the guy that hunts 'em down for ya!

:)

Good for you! The loan company is not licensed in FL. This holds them back in filing any legal case against you in your state. They can't do anything in South Dakota and later forward the case to FL.

I am surprised they would still bother unless they work on the fear factor and assume people dont know any better, which heck sure was my case. I just want to make sure since this is the case that the judge handling the case in south dakota cant issue a garnishment again my employer here.