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1000 cash overnight...lawsuit!

Date: Thu, 03/11/2010 - 13:28

Submitted by anonymous
on Thu, 03/11/2010 - 13:28

Posts: 202330 Credits: [Donate]

Total Replies: 20


My old landlord got a letter in the mail 2 months ago from 1000 cash overnight stating they were filing a judgement against me and I had to go to court. I got the letter a month after the court date! Are they even legal in California? Any help would be greatly appreciated. Thanks!


Quote:

Originally Posted by Anonymous
My old landlord got a letter in the mail 2 months ago from 1000 cash overnight stating they were filing a judgement against me and I had to go to court. I got the letter a month after the court date! Are they even legal in California? Any help would be greatly appreciated. Thanks!


nope 1000 cash overnight is not legal in california.in fact there should be a docket or case # on the letter.better yet check with the your court clerk to confirm no judgement.then when you know this was a bogus letter.then get a contingency consumer attorney,and sue this illegal pdl.they can't just file a judgement.they have to sue you which means they would have to serve you.the court would have your current address to serve you a summons not a letter.a bogus move by a bogus pdl.


lrhall41

Submitted by paulmergel on Thu, 03/11/2010 - 13:50

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I received a call on Monday from a Paul at 1000 cash overnight and he asked how I would like to take care of the 850.00 that I owe them from a 300.00 loan. I had taken the loan out in Feb. 2009 and they took out 450.00 in roll over payments before I stopped paying them in May of 2009. I was contacted by them in June and I sent them another 50.00 by money order but did not send them anything else after. I asked on this board and was told they are illegal in California. I now have a summons to appear for Sept. 9th and was wondering why they would take me to court if they are lending illegally in California. They had to know that they wont win. Am I missing something? Should I contact a lawyer that works on a contingency basis? Any help would be appreciated.


lrhall41

Submitted by on Wed, 07/28/2010 - 11:51

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Quote:

Originally Posted by Anonymous
I received a call on Monday from a Paul at 1000 cash overnight and he asked how I would like to take care of the 850.00 that I owe them from a 300.00 loan. I had taken the loan out in Feb. 2009 and they took out 450.00 in roll over payments before I stopped paying them in May of 2009. I was contacted by them in June and I sent them another 50.00 by money order but did not send them anything else after. I asked on this board and was told they are illegal in California. I now have a summons to appear for Sept. 9th and was wondering why they would take me to court if they are lending illegally in California. They had to know that they wont win. Am I missing something? Should I contact a lawyer that works on a contingency basis? Any help would be appreciated.


well i'm immediately suspicious.first how were you served?second you are given a chance to file an answer before a court date is issued.they are illegal and you overpaid.they can't win.is there a docket# and court where this was filed.check with your court clerk before doing anything.make sure the summons is real.


lrhall41

Submitted by paulmergel on Wed, 07/28/2010 - 12:40

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personally have not seen the summons yet as my daughter just called me this morning that it was left on the doorstep and she saw it once she got home.
She did give me a docket # but when I tried calling the clerks office in the city where she lives, the recording said they are having issues and hope to have it corrected soon so I was unable to speak to anyone to verify if this is real or not. I am not aware of them giving me anything other than the summons and she said the time was for 8 am on Sept. 9th. From the cases I was able to see on the county's website, court doesn't start until 9:00 am so not sure why it says I need to be there at 8 am. I do have a copy of all the payments I made to them, a copy of the contract and emails from their reps.


lrhall41

Submitted by on Wed, 07/28/2010 - 15:42

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Quote:

Originally Posted by Anonymous
personally have not seen the summons yet as my daughter just called me this morning that it was left on the doorstep and she saw it once she got home.
She did give me a docket # but when I tried calling the clerks office in the city where she lives, the recording said they are having issues and hope to have it corrected soon so I was unable to speak to anyone to verify if this is real or not. I am not aware of them giving me anything other than the summons and she said the time was for 8 am on Sept. 9th. From the cases I was able to see on the county's website, court doesn't start until 9:00 am so not sure why it says I need to be there at 8 am. I do have a copy of all the payments I made to them, a copy of the contract and emails from their reps.


what city might i ask?as parachutech1 stated go over this with a fine tooth comb.it just doesn't pass my smell test.


lrhall41

Submitted by paulmergel on Thu, 07/29/2010 - 06:33

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I called the county clerks office and they said that 1000 cash overnight filed a small claims case with them. So it does appear this is a real notification. I have contacted a lawyer who works on [COLOR=#333333]contingency to see if they can help. Waiting to hear back from the lawyers office. I just can't believe that 1000 cash has taken it this far and is suing for break of contract. [/COLOR]


lrhall41

Submitted by on Thu, 07/29/2010 - 09:07

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Sorry all but for some reason the site doesn't allow me to log in so I am having to use a different name.
Paul,
It is El Cajon, Ca. I just verified the docket # with the county clerk and she stated that it was set for Sept. 9th at 8 am. That is when they hear small claim cases.

Ballplayersmom, This was an internet PDL. I borrowed 300.00 and paid back 450.00. They are claiming I owe them another 850.00. I think PDL's are legal because I have seen actual store fronts like moneytree etc.


lrhall41

Submitted by on Thu, 07/29/2010 - 09:43

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one other point 1000cash overnight is also known as SANDPOINT CAPITAL a pdl not even located on american soil.try to see if you can have it dismissed prior to the court date.if not get everything together,and go to court.then move to dismiss.being as they are a foreign pdl.you should get it dimissed with ease.


lrhall41

Submitted by paulmergel on Thu, 07/29/2010 - 10:10

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Quote:

Originally Posted by ballplayersmom
so internet PDL's are legal in California but they must first be licensed to lend???


that is right,but most won't be.most are registered as CSO'S,but that is rare.most claim the state laws of the borrower don't apply.first sign of an illegal lender.in fact i'm guessing 1000 cash filed the action in absentia.meaning like when MTE defeated the dpt of corp earlier last year they filed their motions while not actually setting foot in court.i'm betting that will happen here.getting this dismissed should a slam-dunk.


lrhall41

Submitted by paulmergel on Thu, 07/29/2010 - 10:20

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Quote:

Originally Posted by ballplayersmom
Ok I understand. The posting put a scare into me and i figured probably many others. I live in NJ so PDL's are completely prohibited but got a little scared to know that a PDL will actually attempt to take someone to court.


I doubt that any illegal pdl would have the nerve to show their face in a court of law, the judge would throw the book at them!


lrhall41

Submitted by Shazzers on Thu, 07/29/2010 - 10:28

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I have been trying to get a phone interview with the contingency lawyer but they still have not returned my call. I know they are busy but I sure would like to speak with someone. Does anyone know of someone I can talk to in the San Diego area? I can't take off from work for a face to face interview so was hoping for something over the phone to see what I can do. My daughter is going to mail me the summons so I should get it by Wednesday so I can look it over.
When you are being sued in small claims court, do you file an answer or do I have my daughter go to the courthouse and get the papers to request dismisal due to the fact that 1000 Cash Overnight is not licesed in California. Sorry but I've not have any dealings in court other than as juror :)
Thanks


lrhall41

Submitted by on Mon, 08/02/2010 - 13:43

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I finished speaking with the attorney and he has no idea about payday lending laws in California. He said that using the fact that they are not licensed in California should be a good defense but he really did not know. So it looks like I am back at square one. Does anyone know of a legal office/lawyer in San Diego that I can ask about internet payday lending?
Thanks


lrhall41

Submitted by happyguy59 on Mon, 08/02/2010 - 16:52

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