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can you be sued if you are below poverty?

Date: Mon, 09/20/2010 - 07:01

Submitted by anonymous
on Mon, 09/20/2010 - 07:01

Posts: 202330 Credits: [Donate]

Total Replies: 7


Hi I have 4 loans defaulted at max ammount. $575 + $25 NSF fees on each, so a total of $2400. The loan companies are Allied Cash, Advance America, Ace Cash Express, and Ez Cash. They are all store front. I defaulted in July and now Allied is telling me if I don't pay them in 30 days they will send my case to their lawyer to have me sued for wage garnishment. I live in Colorado, where the max garnishment is 75% instead of 25%.

The thing is, I'm the sole support of my family and we are already below poverty level. Not only would 75% of my bring home wages would mean I either default on all my other bills or let me kids go hungry. Can they really take that much if it means endangering children? I could also lose my job if I don't have a car, which is what would happen since I wouldn't be able to afford my car anymore. :(

I have not heard anyone say they were not sued by defaulting. So, I am just wondering what to expect. I've tried to make payment arrangements with them but they will not accept them.


The corporate offices are worse than the store fronts. The ones that I have been in contacted with have verbally abused me over the phone and also refuse payments. They want to be paid in full and then threaten to sue. I just want to know what is going to happen since I appear to have no options. Either let my family starv and pay them in full, or be sued.

There are enough people on this forum. Why has no one started a petition to send to the federal government to make these places illegal?


lrhall41

Submitted by on Mon, 09/20/2010 - 08:18

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If you are sued, you'll need to appear in court. If a judgment is obtained against you, in Colorado, they can garnish 25% of your wages. I'm not sure where you got the 75% figure from.

Let me see if I can find some numbers for you. Have you been paying anything on these loans since you defaulted?


lrhall41

Submitted by OhioGal1 on Mon, 09/20/2010 - 09:16

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We are trying to figure out how to pay them something because the maximum I can afford they will not accept. Also when I ask them to send me things in writing, like if I will really be sent to their corporate office in 30 days to be reviewed for suing, they refuse and say they don't send anything in writing. Also my phone was shut off. I am really poor and I am just trying to get a handle on my finances.


lrhall41

Submitted by on Tue, 09/21/2010 - 07:20

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So probably getting sued by Ace Cash Express.

Since no one here posts the real story of what happens and how long, I can answer this question: You have 90 days initially and if they hate you and are rude to you and screaming at you on the phone, harrassing you at work non-stop, they are the type to sue you. 90 days is how long until they can start to sue you. 90 days. That's the answer.


lrhall41

Submitted by on Fri, 10/29/2010 - 13:55

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