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SUMMONS AND THREATS OF SUIT ...

Date: Tue, 07/07/2009 - 16:10

Submitted by anonymous
on Tue, 07/07/2009 - 16:10

Posts: 202330 Credits: [Donate]

Total Replies: 4


I have been reading extensively about these PDL collections places and collections agents using those God-awful scare tactics about getting a summons, being sued, and being sent to jail .... this seems to be rampant across the board ... and it seems it is NOT the actual PDL compnay, but these scum-sucking, bottom-feeder cretins who "call themselves Debt Collectors!" Please correct me and/or enlighten me if my assumption that follows is wrong or way off-base: I am surmising from several posts/threads I have poured over about suits, summons, and judgments that yes, IF you really get sued, and ignore the summons and do not show up --- then, by default, you get a judgment against you for the PDL loan ... seems these clowns really are all liars extraordinaire ... they 'say' they're about to present you with a summons and they 'say' you will be sued ... then nothing ever happens ... just empty phone threats ... I myself have received calls from the same people many have mentioned from Check Resolutions ... they are calling my references and saying they need to let me know I am about to be sued and summoned ... yet there is nothing in my mailbox (they have my physical home address from my paperwork from when I got the online PDLs)... they 'say' they are going to come up to my job (they have that physical address too ... ) and serve me ... they leave messages with my mother (who stupidly talks to them!) saying they are trying to give me a courtesy heads-up about them about to sue and summon me ... WHAT A LOAD OF POOP! Me thinks that these places/people will DO ANYTHING ILLEGAL to scare and intimidate ... OK, so from another poster, IF a person (I live in Texas) is actually sued ... you either show up in court ... or you don't ... if you show up and get a judgment ... it is that ... and whether it gets paid off or not ... the judgment will go away after 7 years from the date it appeared ... so, yes, your credit suffers just as it would from not paying a credit card ... yet NO ONE is going to put me in jail ... garnish my wages, or (if I am understanding these other posts on this topic) get my payroll department to give them my paycheck ... so, to try and shorten this post ... bottom line seems to be (in Texas at least) that a PDL if illegal will never show on a credit report; if a PDL loan was taken from a legit CSO, then, they can report me to the credit bureaus ... it will show up and mess up my score; if, and only IF they sue, then a judgment is there for 7 years ... this is about it, right? Other than this, no cop of processor is going to put me in jail or garnish my wages ... the WORST is the scare tactics that prey upon your nerves and make your stress go through the ceiling ... it is also uncomfortable knowing they call at my work number --- even though I never answer the call if it is a number I don't know ... and I never listen to their messages ... so ... these PDLs operate on fear and threats, lies, and bullying ... that is it ... how on or off target am I??? Also, it seems from the tons of posts I have read through that many of the supposed 'legit PDLs' simply turn your account over to an outside collection entity so the original PDL company writes off your debt as uncollectible just like the credit card companies write it off as uncollectible and sell to collections who then start in on you ... just seems that the majority of these gnat-brains who are 'collecting' all got the same PDL pep talk: scare the poor debtor with the possibility of being sent to jail or being sued and they'll give up their own firstborn to get out of that mess! HOW MANY PDLS REALLY AND TRULY SUE???????


Funny how you degrade the gnat brains as you call them. But, your the the real idiot that actually took out a loan with the PDL's?

My 6 year old could have put together a better paragraph. Next time try breaking up your post into paragraphs, not one long run on.


lrhall41

Submitted by on Wed, 07/08/2009 - 04:59

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For what it is worth! A PDL company can and in some cases will file civil suites against you. In doing this, depending on the State, County, and Judge can put an order of garnishment on your wages. They can garnish up to 54% of your earnings after taxes. If any of the PDL loan sites have an arbitration clause, you also can be liable for attorney fees, court costs, etc.

So you can rant and rave all you want about what they are not going to do to you. When the truth is, you have a steady source of income, and you owe them money they will try to collect!!!!


lrhall41

Submitted by on Fri, 07/10/2009 - 08:42

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Well, in my experience and based on what I have read others post, an unlicensed lender (always be 100% possitive they are NOT licensed to lend to your state residents) will NOT go into a court of law and attempt to sue you. Now, on the other hand, if an unlicensed lender decides to sell your debt to a collecttion agency (whether they are ethical or not), they (collection agency) could possibly pursue a legal battle with the debtor whether they are legit or not. The key is for the debtor to educate their self on the FDCPA (Fair Debt Collection Practices Act) and your state laws on debt collection. Understanding the law and knowing your rights is the only way to protect yourself from unethical debt collection practices. My best guess is, most unethical collection agencies who are not following the law seldom pursue legal action. However, there ARE some very unethical "bottom feeders" (as you and others have labeled it) who DO pursue legal action with the hopes that the debtor knows nil about the rights and the federal laws.

Please read about the FDCPA and educate yourself on your rights, that is the only weapon you have, but, it is the only weapon you need. :wink:


lrhall41

Submitted by Shazzers on Fri, 07/10/2009 - 09:00

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