Final Battle

First of all, you can request for the case to be tossed out based on being improperly served. If you have a kind-hearted judge, the request will be granted. Also, if you have been paying 25-30 dollar installments, and they were accepting those payments, then they entered into a contract that those small payments were acceptable for repayment. If the company can not furnish you or the court with full documentation backing up the amount that they say you owe, the judge must rule in your favor. Don't feel hopeless. We are all here for you.

If the case is proceeding to see the judge then you or another responsible adult in your home was served and the judge has accepted that service.

As for the amount, you entered into a good faith agreements to make payment and defaulted on this agreement, thus court. Upon your default of the arrangements, the company then has the right to sue for the balance due plus court costs. These costs are probably what has driven the amount up. When the company filed the case, they should have filed for the balance due with documentation of such amount.

That is the bad, now for the good. Generally, when you actually go before the judge, you should be able to make payment arrangements. This allows you to set a resonable amount that the court will support for repayment. Just remember that if you miss a payment by even one day, they PDL can garnish your wages if allowable in your state.

As for being served, Clove states there was no service of papers. That can in most cases warrant tossing a case on improper service. It happens everyday in civil court. Take your PDL company and go victimize consumers already and stop trying to make people believe that they have no rights. As for making payment arrangements, that is last resort. Never give into any agreement unless the judge renders you with no choice. In most cases, the judge will ask both parties if they wish to discuss a negotiation with each other before going ahead with the civil trial. I would venture to guess that the plaintiff will not agree to negotiating at this point. I would at least try to get the case tossed on grounds of improper service of papers. Improper service has been used in numerous cases and have been the key basis for a case being dismissed. Never let some PD loan person make you feel that you are hopeless in your fight.

I truly appreciate your help and advice. I even contacted the Processing Co. that the Payday Loan Co. hired and told them I was not avoiding them but I travel every day and difficult to reach. They have a bad reputation with the BBB and hire the most unqualified people available....hence, they never served me and gave up. The Payday Loan Co. kept increasing the balance due because apparently they hired this Co. twice, paid them and said I owe them for their fees plus court cost. The Court Clerk said that was NOT the case and I only owe them for the initial processing fee if that. She was sympathetic and I had to have my case continued for 2 weeks because of a Dr's appt. The Payday Loan Co. stopped contacting me after they received the notice for continuation.
I did not consider that this could be dismissed because of their negligence in serving the papers, or their refusal to submit documentation of my transactions with them from 2005 to 2008. I will use that information to plead my case.
Your advice is invaluable and much appreciated...you must be a legal eagle:)
C.Love

C. Love, Its called due process and you can exercise that right to the fullest.

Clove,

When did you speak to the Clerk of the Court? Many states allow service by proxy, this means that they can serve the papers to another responsible adult in your home. You need to verify if this was the case. Generally, the courts will not allow the case to continue until the defendant has been served.

Contrary to what some may think, I am giving you your rights and attempting to clarify the process. Take my advice or not, but make sure that you do not allow for the plaintiff to get a default judgment by not staying on top of this.

Good luck.

Thank you again...I will keep you abreast of the outcome. I joined this site Feb. 2008 and it has been the most insightful, resourceful and supportive place for people who have been victimized by the PDL industry.
Cindy

C. Love, I have been with this site since 2005 and I have watched the members numbers grow from 90,000 to what it is now and most people here truly are caring and supportive. Sadly, there are creditors and collectors who come here as well, attempting to harass and intimidate. But, Thats why I'm here. Feel free to email me anytime, C.love

Cindy

As I stated before, you must stay on top of this to avoid allowing them to get a default judgment. This will go on your credit and in some states will automatically create a lein on your home. I am not out to "harass or intimidate" anyone, but I'm also not going to coddle you and tell you that you have rights that do not exist. As you stand now, the PDL will have the upper hand in small claims because they are a legal lender and have a valid contract. The basis for this case will not be whether you owe the money or not, you owe it, but will be about how they will be able to collect the amount due. Staoy out of court if you can and work out payments that you can keep.

Take my advice or not, I can assure you that if you do, it will save you many additional headaches. If you choose to fight and continue the process, all that will happen is that you will ultimately spend more time away from work and end up with the same result.

It is your choice. Good luck and keep us posted.