QUESTION

Can a personal loan company take a disabled person to court and win their case?

Asked on Jun 05th, 2013 on Bankruptcy - California
More details to this question:
Before I became disabled I kept up with my payments. Now I am finding it hard too. It has not went to court yet. I just keep on renewing my loan.
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5 ANSWERS

Family Law Attorney serving Durham, NC at Morelos Law Firm
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Unfortunately, your disability may have no bearing on the obligation agreed to in the original note/contract. Some companies, such as a mortgage lender, do have special considerations for hardship including financial, medical, disability, etc. But this sounds like a small time/private lender. As for the debt itself, if you cant pay you cant pay. They have a right to collect and eventually sue, and may even get a judgment against you since there is likely no valid defense. But you have many protections under what are called "exemption rights" so you many of your assets will be protected, and they also cannot garnish your wages or arrest you. You may want to consult with an attorney to try and help negotiate it for you.
Answered on Jun 05th, 2013 at 7:22 PM

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Kirk David Miller
It does not sound like your disability would have any bearing on the company's ability to sue you. Depending on the nature of your assets and your income, they may not be able to collect on a judgment if they obtain one. There are good laws protecting consumers so if you are being pursued by a creditor or debt collector, you should contact an attorney right away. The responses provided on this site are intended for informational purposes only and should not be construed as providing legal advice regarding an individual situation. No attorney-client relationship is created between the reader and Kirk D Miller PS.
Answered on Jun 05th, 2013 at 7:22 PM

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Yes they can.
Answered on Jun 05th, 2013 at 7:21 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You still have the debt, your disability is irrelevant.
Answered on Jun 05th, 2013 at 7:21 PM

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Debt Collection Attorney serving Chicago, IL
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If you signed the loan, it contains no violations of law (have an attorney review it for that purpose) and has not been repaid, they can sue you. Did you purchase credit disability insurance? If so, make sure a claim is processed; it should pay the loan in whole or part. Whether they can collect anything is another matter. Disability benefits and social security is exempt. Review the Illinois exemptions in 735 ILCS 5/12-1001 and see if you have any nonexempt assets. If the answer is no, they can get a judgment, but it is not worth anything.
Answered on Jun 05th, 2013 at 7:21 PM

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