Civil Summons from payday loan Co

Was this for a online PDL or a store front lender?

Storefront in New Mexico

at this point it appears that you are being sued. I would strongly recommend that you seek the advice of an attorney to plan your fight. That said, what is your relationship with them, have you tried to make arrangements? can you pay it off before the response date?

I was going through a similar post just few days back in this forum. The person complained that summon was served to his mother. He also asked judge if it was legal and judge replied - ultimately you got the summon and that is the purpose of it.

Since you received it on 24th, countdown should start from this date, again these are controversial issues. So don't let them win on these silly issues. Respond as soon as you can and definitely hire a lawyer.

Thanks for the info stanley yeah Im starting on my answer to civil complaint.Yes i tried to make aragments to pay off loan but they will not work with me i sent them a certified letter with a money order for 20 dollars stating that i can only afford to pay them 20 dollars every 2 weeks due to having other payday loans that i am paying on and that i'm currently having finacial diffuculties. They went to my work and said that i had to come up with 130 by that friday.That next monday i get my money order back with a note stating that they cannot accept my offer and will void our agreement and proceed to the next level.The orginal loan amount was for $250.00 on the summons it says that i owe them $564.28 not counting court cost.Is there a way that i can find out how they came about with this amount.The loan was taken out in Jan. Thanks for the help ppl.

20 days, eh? And people complain to me about Virginia's 21 day deadline. Almost certainly it means (1) all days, not just business days (2) counting the number of full days (that is, the day you got it is day zero, the next day is day one, etc.), and (3) if the last day falls on a day when the court is closed (Saturday, Sunday, holiday, etc.) then you get until the next regular day the court is open.

No, that's probably not good service of process. That's called "substituted service" as opposed to "personal service" and generally has to be made on a person who actually lives in the same house as you, is of suitable age and discretion (generally that means over 16), and who can be told what the papers mean. You should check with the state code where you live in the reference section of the local library (get the librarian to help you find the stuff about service of process). If I'm right and you didn't get proper service, you can file a piece of paper with the court (it has to be in proper form, ask the local clerk of court what the form is either by explanation or example - they could make you a copy of the first and last pages of some document they got in that day that appears to be in proper form for a small fee). The document you file is called a "special appearance". In it, you say you're contesting jurisdiction and move to dismss for lack of valid service of process. Explain the facts of how the service of process was effected.

With the amount they're suing for, I wouldn't bother with a lawyer - it'll cost you more to get a lawyer to show up in court one day than the inflated value of the judgment. I charge a minimum of $600 for half a day in court. You might be able to get a legal services corporation attorney to help you, or get someone to help you pro-bono (free) if you're impoverished.

I can probably tell you how to find out what that amount represents, but you're not at that stage of the proceeding yet. Keep cool. The worst that could happen is that they could get a judgment against you.

Now my questions:

What state and county are you in?

Who's suing you and why?

Was it a document stating facts in numbered paragraphs, or was it a fill-in-the box form with an affidavit attached, or what? What does the form say at the top, by way of title?

If a form, was there a box checked that describes the "cause of action"? If so, what does that box say?

Is there a debt collector involved, and did you send them a demand for verification?

What's the first thing that happened that made you aware of the lawyer on the other side? Did they send you something in the mail, or what? And when did that happen?

Virginia-Legal-Defense Thanks for the info,now for your questions.1.Albuquerque New Mexico Bernalillo county2.Xpress Cash,DBA Ready Money LLC.The paper says CIVIL SUMMONS The next page has CIVIL COMPLAINT on it with 4 numbered sections #3 states:Plaintiff's claim arises from the following event or transaction: Defendant paid OFF her loan to US with a personal check that was returned to us by her bank as "stop payment" On the third page is where i anser to civil complaint.Thanks for anymore help you can give

gosunsplease

This is basically small claims court. The judge is most likely going to award to the payday lendor if you cannot show receipts or bank statements of where the loan was paid off.

If the loan hasn't been paid off, they'll try to figure out why it wasn't paid during the time allotment. Most likely the payday lendor will use "if you would have called, we would have extended your time" as part of their defense...especially since this is a local office.

Now if the judge does find in favor of the lendor, be prepared to have your next check garnished. Start making preperations now, so you won't have to take out another loan.

Regards-
Mike

Thanks for the info yeah i figured thats whats gonna happen.i'm just wondering about the amount they came up with $564 on a $250 loan. As for what Virginia said,they first tried to serve the papers to my 12 yr old daughter then they asked if anybody older was in the house.so they served my 15 yr old son.BUT i found out that in NM they persons has to be over 15 This is what i found:

Service shall be made as follows:

upon an individual other than a minor or an incapacitated person by delivering a copy of the summons and of the complaint to the individual personally; or if the individual refuses to receive such, by leaving same at the location where the individual has been found; and if the individual refuses to receive such copies or permit them to be left, such action shall constitute valid service. If the individual is absent, service may be made by delivering a copy of the process or other papers to be served to some person residing at the usual place of abode of the defendant who is over the age of fifteen (15) years; and if there is no such person available or willing to accept delivery, then service may be made by posting such copies in the most public part of the defendant's premises, and by mailing to the defendant at defendant's last known mailing address copies of the process
SO with that said i wonder if i can contest the service of process.All im trying to do is delay the court that way i can start saving up so that they do not garnish my check.

Welcome back to the forums!

Perhaps the actual age wasn't coming across correct to the processor. In any case, that could also be used to buy you some time if needed. You're still going to have to appear in court, though.

As far as the high amount that is owed, it could be for NSF fees. Did you write out a paper check to this company for the loan amount? If so, was it only one check?

Depending on that, could determine the amount the company is trying to charge you. You financial institution will usually only allow the check to pass through twice, before punching a hole through it.

If it was going to be determined to repay via electronic debit, then they could have run it through a certain amount of times before realizing they weren't going to be able to recover the funds.

In any case, figure out the amount of interest that is allowed to be charged in your state. The judge will look at this, and could find in favor of them for a lesser amount.

Regards-
Mike

The processor never asked for the age of my son nor did he have him sign anything?I put a stop payment on the check so i should of been charged NFS fees one time??ALso what do you mean by "figure out the amount of interest that is allowed in your state"you lost me on that one.Thanks for your help

You don't need to obtain a signature to be served. In some cases, turning over the papers to someone they believe will give the papers to the right person, is good enough. Sometimes they'll obtain a snapshot of the residence proving they were there, or snapshot of the person who they gave the pictures too.

Regards-
Mike

Nah, it's good service in your state. "Over the age of fifteen years" means anytime after the fifteenth birthday. One day over is still "over".

a couple of the questions weren't answered:

Is there a debt collector involved, and did you send them a demand for verification?

What's the first thing that happened that made you aware of the lawyer on the other side? Did they send you something in the mail, or what? And when did that happen?

And, further, are we right in assuming that this is a payday loan co.?

Finally, if you check with the New Mexico Public Regulation Commission, you'll find there are no such names, "xpress cash" or "ready money LLC" registered, either as company names or as tradenames. There is a company called "XPress Cash Financial Services of New Mexico, LLC", but that's not the name of the plaintiff in your case (it's got to be exactly right - there's no such thing as "close enough"). The person who's suing you does not exist. That's grounds for dismissal.

Have a look at New Mexico Statutes and Court Rules/Statutory Chapters in New Mexico Statutes Annotated 1978/CHAPTER 58 Financial Institutions and Regulations /ARTICLE 15 Small Loan Business; small loan companies are required to be licensed. There is no licensee named XPress Cash dba Ready Money LLC. There are a bunch of licensees named Xpress Cash Financial Services of New Mexico LLC, apparently every storefront is separately licensed. If they ever get their name right, I think they've got you. So what I'd do is get certified records from the NM Commerce & Industry Dept Financial Div. (dubya dubya dubya dot rld.state.nm.us) and the corporations people to the effect that there is no entity in NM named, "Xpress Cash dba Ready Money LLC", nor is that the name of any entity that's licensed to issue small loans. At the close of your evidence produce the certificates and say, "Judge the plaintiff doesn't even exist, this whole thing is a sham!"

If you really want to goof them up, create a corporation yourself (formal state registration and payment of fees required, of course) under the name "Xpress Cash dba Ready Money LLC", exactly like that. Then on the day of trial, you can prove that you are, in fact, the president of the limited liability company that's purportedly suing you.

Well so much for stalling it on a motion to dismiss due to service of process.

As for your questions, there is no debt collector OR lawyer involved just me vs them.I looked up the case through Web-Based Case Management System + case number.That also answered my question for when the 20 days started as it shows when and who the summons was served to.

Can i still send the Payday Loan Co. a demand for verification letter even though they are already taking me to court.

Im gonna look into the other stuff and see what i can find.Thanks for all your help once again.I do like your thinking about presenting that it is a sham they dont even exist!!

gosunsplease

Asking for validation will not help at this point, as you probably will not get it on time due to mail delays. The validation will brought to court, on your court date.

Since this is a local company, did you turn over actual post-dated checks, or was it a written contract to do an electronic debit?

Regards-
Mike

It was a post dated check i went in and paid the finance charges after 2 weeks but then i put a stop payment on the check. im not disputing the orginal loan and finance charge,just all the other fees or whatever they are that add up to $546 espicalliy when i tried to explain my situation and that i wanted to at least try to pay it off in payments.

What was the amount of the loan they gave you, the cash amount? And what was the amount of the written check?

I'm a little confused, as to why the amount is so high if this is a local lendor, and you wrote a post-dated check. Writing the post-dated check meant, that you knew the amount of the interest prior to leaving the store with the loan.

Regards-
Mike

This seems odd to me. I thought the laws just changed in New Mexico regarding payday lenders. Do you live in New Mexico and walked into this place? This is someone in your neighborhood who does cash advances? I know this is also an online company so I am just curious. Did they post your money order to your account?

The loan amount was for $250.00 the post dated check was made out for $300.00 i did the loan three times with only able to pay the finance charge that is when i put a stop check on it.

Oh Yeah anual interest is a whopping 521.428%

You may want to check the payday loan laws in your state. You can check with your consumer protection office, attorney general, bank commissioner, or division of financial institutions.

"Due to the current lawsuit the regulations will not go into effect until further notice". That is from the New Mexico Attorney Generals web site.

Yeah i live in Albuquerque NM,A quick look in the Yello Pgs show that there are 6 of these places in Albq alone.Do not know if they are all tied into each other or what.

No they sent my MO back along with my certified letter.Stating that the least they can accept is 130 every 2 weeks and that they are returning my money order and will void our agreement and proceded to the next level

Hmmm,

Maybe Virginia Legal Defense can shed some more light on this, or can you contact an attorney in your area to ask questions at least?

Yeah i might have to ask a lawyer.Just tryin to figure out what to put on my answer to civil complaint.

1. The Plaintiff is not entitled to the amount claimed because:????????

The company can't represent itself because its not a human. The company has to be represented by an attorney, or else someone is practicing law without a license. There may be a statute in NM that allows an employee to file the initial papers, but there's going to be a lawyer in there somewhere and I'll bet you that lawyer falls within the fdcpa definition of "debt collector".

I suggest you go to the courthouse and ask to look at the court's file. You have a right to do that, it's a public record.

Mikey's earlier comment that the demand for validation probably won't get you good information because of delays in mailing is accurate but, to my mind, somewhat beside the point. I have people send out demands for validation (1) to make the debt collectors stop what they're doing and/or (2) set up the debt collectors to take the fall for what they're costing my client when they violate the fdcpa. I almost never get anything back that tells me there was a contract, that my client was a party to the contract, that my client is in default, and so forth. It's almost always just to set the debt collector up for a lawsuit, because they always violate the law somewhere.

The way to respond to the initial pleading is to respond to each paragraph, point by point, by either admitting or denying the allegation. Don't go into a whole bunch of detail unless you need to explain why you can't either admit or deny the allegation. Here's the sort of thing I usually write when filing an answer to a complaint (as examples only, don't blindly file what I've written):

In the District Court for the County of Whatsit

[quote=Virginia-Legal-Defense]The company can't represent itself because its not a human. The company has to be represented by an attorney, or else someone is practicing law without a license.[/quote]

Does this mean that an individual cannot take a company to small claims court unless their lawyer is present?

Also, the reason I said asking for validation would be a waste, is because it was a walk-in loan company. The proof should be in the check you wrote, that you put the stop payment on. I suppose calling them up, or going into the store wouldn't be a waste---but mailing the request would take forever, since court is less than 20 days away.

Regards-
Mike

Unless there's a statute to the contrary, the answer is, "yes, a corporate entity must be represented by an attorney."