Cash Call Loan

Did you answer the summons? If so, you should have pointed out that they filed in the wrong jurisdiction. They must sue you in the county in which you reside, I believe. Others can probably give you more detail.

I did answer the summons, the 1st time to request a date change because I would have had to leave the day after Christmas and was traveling out of town for Christmas. The court date was changed, then I began to wonder about the county that this was filed in and sent another letter asking the judge to grant a motion to transfer venue to my county of residence. I have not received a reply from the courts and tomorrow is the last day for my mail delivery before my court date on Monday. Not sure what to do as I feel if I appear my chances of having the amount of the claim dropped considerably are greater than if I don't appear at all. Still, this will create a huge burden on me and with winter weather, not even sure if I could attempt driving to the other side of the state. Thanks for your reply.

I hope you have a lawyer who will represent you in the court. The lawyer will be the best person to help you in this matter. If the transfer of venue does not take place, then you should try and appear at the mentioned court on the given date. If you don't do so, you'll lose the case by default.

No lawyer. If I could afford a lawyer I would most likely not be in this situation. What about not opting out of arbitration. Do I have anything to go on there? It is my understanding that an arbitration agreement prevents either party from suing in court, which is not being done by CashCall, but by a collection agency that I am assuming bought my debt at pennies on the dollar.

What ever you do, do NOT miss your hearing!!!

If you were not to show up, the judge will award a default judgment for the full amount plus costs. If you show up, that gives you the power to negotiate and ask for supporting documentation that the debt is owed.

Call the court clerk and find out the status of your request to transfer to you county. Don't wait on the mail, pick up the phone. Or, maybe if your courts are online, check there. What state are you in?

I live in SD. I will give them a call. Thanks.

A phone call won't cut it. They must sue you in the county in which you reside. File a Motion to Dismiss based on Imbproper Venue. They would then have to re-file in your county.

Thanks to everyone that responded to my post. The judge in this case granted my request to have this case transferred to my county of residence. I guess now I will have to see if they can file a lawsuit based on me not opting out of arbitration.

Glad to hear it.
Now, have you already notified CashCall that you are electing private arbitration? You don't have to wait until they file in our county.