logo

Debtconsolidationcare.com - the USA consumer forum

Summons for Payday Loan

Date: Wed, 08/15/2012 - 12:57

Submitted by anonymous
on Wed, 08/15/2012 - 12:57

Posts: 202330 Credits: [Donate]

Total Replies: 13


I had a loan with Seven Group. I just received a phone call regarding a summons that they are suing me. I am really nervous and need some advice. The person I spoke to indicated I could be charged double the amount and have to pay attorney fees on this. I sent them a letter indicating they were not legal and that I was only requried to repay the original amount of the loan, $300. I have paid 4 payments of 90 for a total of $360. Any help, solutions anyone could offer would be greatly appreciated. :confused::confused::confused:


I can promise you that summons are not served by the phone. I worked for a lawyer for ten years, and am familiar with service of process. Phone is not a valid method of service of process. In addition, before I ever even took out a payday loan, I started receiving calls from some company that called itself "American Legal Services," stating that they had a summons for me that was going to be delivered to the courthouse the next day unless I paid them some foolish amount. To entertain myself, I usually asked them what county the charges were in, or what company had filed them, because I knew that it was some kind of scam. Other times, I gave them the name of an attorney that I knew. But trust me, if a lawsuit of any kind is filed against you, civil or criminal, you will be notified, and not by telephone.


lrhall41

Submitted by matthewsmw on Wed, 08/15/2012 - 13:20

( Posts: 12 | Credits: )


I received a call stating he was from a law office stating I has a court appearance this morning at Providency County and they were calling to see why I did not appear. I indicated I knew nothing about it. He stated there was a mixup with the summons in their office. He indicated I could either settle or schedule for another court date and a summons would be issued. He verified my address and said I would be served and have to appear in court. I notified Seven Group on July 31st that I was revoking my ACH authorization. They did not attempt to charge my account so I thought it was all set until today. Do you think this is legitimate? They said I would have to pay court costs and attorney fees and could have to pay double the original debt. I want to just settle but worried this is just one of their scare tactics. Thanks. :confused::confused:


lrhall41

Submitted by on Wed, 08/15/2012 - 13:42

( Posts: | Credits: )


No, that doesn't sound legitimate. No attorney for the opposing side would call you to ask why you weren't in court. As I said, there are certain ways that summons have to be served. AND, summons are GENERALLY for witnesses, not defendants. The first action in a civil lawsuit is a complaint, and that has to be served in person, with YOU signing that you received it, by Sheriff, again, with YOU signing that you received it, or by certified mail, once again, with YOU signing that you received it. If it were criminal, there would have been a warrant for your arrest, and again, you would not have been notified by phone.

Don't worry. These people are the ULTIMATE scammers, and are only trying to get you to bend to their will. I am really confident, after only one day of putting the plan outlined here into action, that we are in the right. Stand your ground! Don't pay them anything more than the principal of the loan.


lrhall41

Submitted by matthewsmw on Wed, 08/15/2012 - 14:27

( Posts: 12 | Credits: )


Quote:

As I said, there are certain ways that summons have to be served. AND, summons are GENERALLY for witnesses, not defendants.

Wrong....you receive a summons when you are being sued...and you are the defendant.

Quote:
The first action in a civil lawsuit is a complaint,

The complaint is made to the court


Quote:
and that has to be served in person,

you are served a summons which contains the complaint information


Quote:
with YOU signing that you received it,

a summons generally can be served on anyone over 16 years of age residing at the household. YOU do not have to be served personally.

Quote:
by Sheriff, again,


In some states is is a sheriff, in others a process server or another third party.


Quote:
with YOU signing that you received it,


not in all states. In some states it can be dropped at your feet or just handed to you.

Quote:
or by certified mail, once again, with YOU signing that you received it.


Again, only if state law requries it. Some states you can be served by publication, others allow a summons to be "nailed" on your door. It alll depends on the rules of civil procedure for the individual state,.


lrhall41

Submitted by SOAPLADY on Wed, 08/15/2012 - 20:41

( Posts: 17315 | Credits: )


the real issue is that a complete maggot is calling and breaking the law.the OP needs to first confirm nothing is on the dockets with their court clerk.then file police reports,and ignore this mutant.another issue is the blamket misinformation being posted.soaplady as usual is spot on.the OP shpuld heed her advice.


lrhall41

Submitted by paulmergel on Thu, 08/16/2012 - 05:59

( Posts: 15514 | Credits: )


to #12.back to the phones please.it's getting easier to detect shills.humanoids,and bobos.#12 is such a being.ignore their short,but stupid post.


lrhall41

Submitted by paulmergel on Fri, 08/17/2012 - 05:32

( Posts: 15514 | Credits: )