What about sueing ipdls in small claims court?

Suing for a refund you mean?

Someone else posted about this not to long ago. I think Goudah posted the reply. I will look to see if I can locate the thread.

Yes, I mean sueing for a refund. Although, I guess by the time you pay the court costs just to file it, you would be much better off to go about it the way we are told on the forum, here. After all, we only have to pay for a few certified letters and such.

srowan, I could not find it but i know it was discussed. I think the bottom line was the same as you just poste. the reward would be offset by the cost.

I was actually told by my state AG office I could take them to small claims court if I so chose...but in addition to what has been posted in the regard above...I also decided they had taken up enough of my time and energy..

Roxy - I think this is the thread you were talking about.

http://www.debtconsolidationcare.com/paydayloan/refund-small-claims.html

I'll post my response here too.

The problem is that the issue of "legality" hasn't totally been set by the courts yet. It is possible that the "other side" could still win. Depending on the judge, they could decide that you still signed a contract, and since the pdl is located overseas that the court has no jurisdiction over them. Another problem would be collecting. I doubt anyone from the pdl will show up to court. So then you may win by defualt. Then what? You can't enforce a judgement overseas. You would actually lose money in that scenario.

Now for the pdl's located in the US? The ones that are licensed in a state would have a good defense in most states, because the question of whos laws they must follow is still up in the air as far as the courts are concerned. The ones that aren't licensed at all will probably not show up too. So you may win by default again. But again, how do you collect? If they aren't located in your state, wouldn't you have to go to their state to file papers to force them to pay?



So you would have to travel to the state that the pdl is located in to collect. I'm not saying all of this to discourage anyone, I would love for someone to try it, but you would probably lose money on it. You can sue for court costs, but not travel costs, so unless the pdl is located in a nearby state and you have family or friends to stay with there, it may be a money losing trip.

Thankyou Goudah..That is exactly what I was looking for. I could not seem to get my fingers on it. This time I am going to save it... :wink:

I guess what I'm wondering is if these IPDL's are illegal in the first place, would they even bother showing up for a court date?

They wouldn't - That's when the problem becomes collecting on the judgement.

I think the upshot is that the issue is not so much whether you would win, because I think it's a fifty-fifty on that one, but if you did win, whether you would see a dime.
So the real issue here is whether you can just do it for the principle? Because that is what it might boil down to.

When you consider why we got into this mess in the first place, that may be an awful expensive principle.

Exactly the problem - But if the company is local to you then it could be worth it.