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cash one seeking judgment.

Date: Mon, 08/24/2009 - 18:08

Submitted by bastoops
on Mon, 08/24/2009 - 18:08

Posts: 353 Credits: [Donate]

Total Replies: 6


hi, i need some advice on how to go about this one. i am currently in the process of filing bk, one of my payday loans with cash one i defaluted on 7/17 started leaving messages about how they are filing the paperwork to start legal process, said they are going for either wage garnishment or civil judgment. i owe them like 350.00. do you think they are blowing smoke or are they acually going to go through with it. i know as soon as i get my case # for the bk there is nothing they can do. but if they do go through how much time do you think i have before there is a set court date? and what are the laws in arizona? i dont think they can garnish my wages until they get a judgment, but i could be wrong. any info is helpfull. thanks.


Hi. I am just telling you of my own personal experience. Several yrs. ago, I was in a similiar situation with an online payday loan that tried to get a judgment against me. Long story short, even wks before I actually filed for bankruptcy, they sent paperwork to my employer and attempted to garnish my wages. I contacted the payroll dept and they stated that they would not honor it. I was told by my attorney to always give creditors his number and that he would deal with them. If you are filing bankruptcy, let them know that you have done so and give them your attorney's phone no. Once you have filed, even if they get a judgment, it will be discharged in bankruptcy. Once you have filed, it takes wks to get your debt discharged, so technically once you have filed the paperwork with the court, all collection activity must cease, until your debt has been discharged. After discharge of debt, that's the end of it, and they should'nt be bothering you about it again. After the court has discharged a debt, it is against the law for a debt collector or creditor to continue to pursue payment on the debt that was discharged. Let your attorney handle it.


lrhall41

Submitted by meircats on Mon, 08/24/2009 - 19:01

( Posts: 91 | Credits: )


thanks for the response, my only concern is if they sue me before i get my case number. thats why i was woundering about how long it takes for them to go through the court process. and if they will really sue me over 350.00 or if they are just trying to scare me into paying. basically its just a race to the finish line, will they get a judgment or will i get a case number first. i guess only time will tell.


lrhall41

Submitted by bastoops on Tue, 08/25/2009 - 15:23

( Posts: 353 | Credits: )


update, so they threatend me about a week ago if i didnt call them back in 24 hours they were going through with the legal process. so this guy calls me yesterday saying he is getting ready to file the paperwork but wants to avoid that. i asked if he was a 3rd party or acually with cash one, he replys "i am really just a liason between the court and cash one". so basically he is with cash one trying to pretend he is with the court. i called his bluff. he said i would be served at my job within 48 hours and then i would have a court date in the next 30 days. i just said do what you gotta do and good luck and hung up on him. my question is why didnt they just do this last week when they said they would? probably because they are not going to do anything. i told the guy i would have my case number before he got his court date and he seemed kind of dumbfounded. i guess i'll see what happens. tomorow will be the "48" hours he gave me before i "get served"


lrhall41

Submitted by bastoops on Thu, 09/03/2009 - 22:36

( Posts: 353 | Credits: )