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Court date set

Date: Wed, 12/29/2010 - 22:00

Submitted by wink2u_sd
on Wed, 12/29/2010 - 22:00

Posts: 10 Credits: [Donate]

Total Replies: 3


I had a loan with cash call and I believe it was charged off. Now a collection agency is suing me (3 years later) for the total amount of the loan plus interest. The original loan was $2500, I paid $1200 and am being sued for $8452. I have 2 questions. #1 - can I be sued in a different county than my residence or where the original transaction took place? #2 - I did not opt out of arbitration, so can they sue me in court? My court date is Monday, 3rd and is on the other side of the state and I will not be able to drive the 7 hours to appear. Thanks for any suggestions anyone can give me.


As far as i know, if you have signed the arbitration clause, then the dispute has to be resolved out of court. A neutral third party will analyze the case and give his decision. You and your creditor are bound to accept the decision. have you signed any "choice of law" clause? If yes, then the dispute will be determined as per the law of the specified jurisdiction.


lrhall41

Submitted by on Wed, 12/29/2010 - 23:59

( Posts: | Credits: )


No 'choice of law' clause was signed, only the loan documents that included this statement....I understand that unless I exercise the right to opt-out of arbitration, I agree that any dispute will be resolved by binding arbitration. Arbitration replaces the right to go to court, etc., etc. Does this apply also to any collection agency that would buy my debt for pennies on the dollar?


lrhall41

Submitted by wink2u_sd on Thu, 12/30/2010 - 01:36

( Posts: 10 | Credits: )