being taken to court for PDL

Where did the loan orginate from? What company? What state are you in and are they legal in your state? 4,500 for a 200 loan wow!
If you will list the company and state....maybe we can help.

I live in Wisconson, The company is Fort Qiuck Cash out of Fort Atkinson Wisconsin. I think they are legal in my state...but I really don't want a judgement on my credit report, since they have issued the lawsuit is it to late for me to write a settlement letter and try to keep it out of court? Any help appresiated! Thankyou!!!

The "guest" is jasonlyon-info on above question! Ooops

Looks like in Wisconsin, they are legal if YOU look for them on the internet - that means that they don't have to be liscensed in your state if you sought them out.
If they contacted you first and you answered an ad, they do have to be liscensed in your state.
Let me look some more.

sorry, that was me, I wasn't logged in

Here's the law in WI
Wisconsin State Information

Pdl state information http://www.debtconsolidationcare.com/paydayloan/explain-pdls-laws.html

Is this a storefront loan? If so, they are legal. I would contact them to see if they will grant a payment option rather than going to court. Did they say what the 4500 is for? is it interest, loan fees? Have you paid on the loan? If so, how much?

I would do the following:
First get an itemized listing of the costs they are suing you for. How do they get $4500 out of a $200 PDL? You have the right to know.
Second, definately make that settlement offer. Make it in writing and if possible, send it to them registered mail, return receipt required. This is for you to have something to show a judge, should it come to that.
Third and fourth, keep sending payments to them, no matter how small--and make copies of the documentation, to show a judge. AND, if you do get a court date, GO!! Do NOT ignore it--as they could win, by default.

Were you offically served papers?

Here is the contact information I found.

Contact Dawn Kieffer
Phone 920-568-8888
Fax 920-563-3331

Address 735 Madison Ave., Ste. B
Fort Atkinson WI 53538

Email fortquickcash @ yahoo.com

It is kind of strange they have a yahoo address.

Thanx everybody, I was served papers for court this past fri. I have offered them to settle in the past but they want their 573% interest-I payed over 300 on the origanal loan, but they say it was just fees not on the princapal. They have court set for the 28th of this month. They are a storefront. When I have asked for a list of how they have charged they say it's 573% x # of days (it's been a while) I've been asking them to settle for a while but they want thousands not hundreds. They are jerks!

Because it is legal in my state when I go to court do you think they will get what they are asking for? They have a lawyer, I don't! But you don't think it's too late to write a letter of settlement? I would send one to the court and one to them, does it still make sense to do this?

If I were the judge, I would say pay them a couple of hundred bucks and be done with them. If you've already paid them $300 then, pay them $200 more to get them to go away! But, that is if I were the judge.

Contact the ladies at the DFI, they should be able to step in and help. It sounds like they are using a simple interest calculation and have set on your account for years before filing this small claims suit. As another poster stated, do NOT miss that court date!!

__________________________

Ladielucille,

Where did you get this information?



Looks like in Wisconsin, they are legal if YOU look for them on the internet - that means that they don't have to be liscensed in your state if you sought them out.

If they contacted you first and you answered an ad, they do have to be licensed in your state.
Let me look some more.



My conversation with Janell and Lisa (WDFI Examiners) were that you had to be licensed to loan in WI. (period)

Whoa...you said you were served on Friday (1/16), with a court date for 1/28? That's less than 30 days and only 12 days. Does Wisconsin have a law that says that someone has to be served at least 30 days before a court date? Most states do, and in that case, I would make a strong case to either toss this out or get a later date, as I think that's inappropriate. They've given you not even 2 weeks to prepare!

yes, I guess it only has to be 8 days notice!!! i checked

I got it from the thread on this site....Internet Lending in all 50 States
If I interpreted wrong, I'm sorry.

I am so sorry this is happening to you, I hope you can get it resolved. I am sure glad I dont live in Wisconsin, there PDL laws seem really lax.

Having only 8 days to prepare seems incredibly unfair to me. How can you have time to get your ducks in a row so you can have a fair trial? That is just WRONG--especially when the lender could take all the time they wanted before serving you.

Having only 8 days to prepare seems incredibly unfair to me. How can you have time to get your ducks in a row so you can have a fair trial? That is just WRONG--especially when the lender could take all the time they wanted before serving you.



You are really giving more credit to the process that it warrants. When you go to small claims for this type of matter, it is a contract issue. Since you are dealing with legal PDL's, they have a solid contract. The whole process takes about 5 minutes (if that) and the PDL will be given a judgement. The only question is whether the judge grants a payment plan or just finds in favor of the lender.

^ This was me.

Well I asked for a postponment of the court date, so we will see??? And to PDL Owner--How does it feel to prey on people who aren't finacially able to get a REAL loan from a respectable establishment? This loan was taken out several years ago, when i was 24-it was my first loan ever and no one there explained to me what 573% interest actually would amount to! (of course they didn't want to) I have offered them money over the years but they have waited to pile up as much interest as they could instead of settling. What a horrible practice you are involved in!!!

If they are a store front, and therefore legal, yes the judge may say you have to pay them what they say you owe. He will probably set up affordable payments , but he will rule in their favor. In florida we were served papers and it was for way more than the loan. We had to pay every cent because they were a legal store front lender

Jasonlynne,
You were right to ask for a delay. In the meantime, continue paying this loan down and DO NOT ignore this court date. If you ignore it, they win by default--and we don't want this to happen to you!
Keep a file of all correspondence related to this situation. If you have conversations with their employees, document those as well, with dates, times, who said what, etc.
Also, write down a payment plan that you can live with and be prepared to give that to the judge.