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Cash Call Loan

Date: Wed, 12/29/2010 - 11:07

Submitted by wink2u_sd
on Wed, 12/29/2010 - 11:07

Posts: 10 Credits: [Donate]

Total Replies: 10


My CC loan was charged off and transferred to a collection agency and they are suing me in court for the total due plus all interest to the maturity date of the original loan. 2 questions I have....the collection agency filed a claim in a different county from my residence (on the other side of the state) and not the county were the transaction originally was started. Can they do this? Also, I did not opt out of arbitration so can they file a lawsuit in court because of this? My court date is Monday, 3rd and I will not be able to travel 7 hours to appear. Happy New Year, huh?


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.


lrhall41

Submitted by wink2u_sd on Wed, 12/29/2010 - 22:44

( Posts: 10 | Credits: )


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.


lrhall41

Submitted by wink2u_sd on Thu, 12/30/2010 - 01:28

( Posts: 10 | Credits: )


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.


lrhall41

Submitted by on Thu, 12/30/2010 - 07:10

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