QUESTION
I have a company threatening to take me and my daughters to court if I dont pay money I cant afford, what can I do?
Asked on Jun 24th, 2011 on Bankruptcy - Georgia
More details to this question:
I took out a fast cash loan and am unemployed and forgot about it. I received a call telling me I have to either pay in full $1,000.00 or make payments of $323.00 per week or they will show up at my house on Monday and take me to court and I will lose my unemployment and all other assistance. I have tried to work with them they told me I was sent 20 some emails which I never received. Can they take me and my daughters to court? What can I do?
8 ANSWERS
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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If you owe money you can be sued. A relative who doesn't owe the money cannot be sued.
Answered on Jul 04th, 2013 at 2:25 AM
If this is a valid debt that has not been paid and is being collected by a valid debt collector, then they can serve you with a Summons and Complaint which initiates a law suit against you. They can not drag you to court. Also, if the debt is less than five thousand dollars, you would be sued in Small Claims Court. No one can physically drag you to court. If this is a pay day loan which I am relatively sure, based on your description, it is, then almost all the collection activity against you is illegal. DO NOT USE PAYDAY LOANS. They usually result in the loanee being scammed. A person takes a small loan out and offers their SS# and other particulars. Later, a "debt collector" will try to collect, whether or not the consumer paid it back or even received the loan. Meanwhile they sell the SS# and identity theft ensues. Try demanding a mailing address or a full business name. If the caller refuses to answer or you cannot verify the information, you can be sure its a scam. They will continue to make absurd claims and harass you and threaten illegal actions. They will hassle people at your workplace, so it is in your best interest to let them know this is fraudulent. You should research the company that is trying to collect from you. They may pretend to be a legitimate company; if so contact the actual company to verify their employment. The worst part about payday loan collectors is that even if you make the full payment, they will continue to come after you for years. Also they are often selling your personal information and your identity. Contacting the FBI rarely helps, but should still be done when you are sure this is a fraudulent collector. In the meantime, you would be best served to also learn more about the Fair Debt Collection Practices Act and how to protect yourself. Find a well versed and experienced consumer attorney. AND NEVER NEVER TAKE OUT A PAYDAY LOAN AGAIN! Thanks for tuning in.
Answered on Jul 18th, 2011 at 2:07 PM
Information provided doesn't create an attorney/client privilege nor constitute an offer of services and is only general responses to hypotheticals
Debtor's Rights Attorney serving Atlanta, GA
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Theodore N. Stapleton, P.C.
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You can file bankruptcy if you qualify and discharge your dischargeable debts, ie some debts are not dischargeable. Im happy to discuss these and any other issues you have. Please call to schedule a free consultation.
Answered on Jul 05th, 2011 at 11:22 AM
If you and your daughters are all signatories to the obligation, then yes, you can all, individually or jointly, be sued and assets examined and potentially seized to satisfy the judgment debt.
Answered on Jul 05th, 2011 at 11:09 AM
Bankruptcy Attorney serving Herndon, VA
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Maureen O'Malley
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They're bottom-feeders. They can't show up and take you to court, and your debts have nothing to do with the assistance you receive. Is your daughter a co-signer? If not, they need to leave her out of it. Send them a letter telling them to provd the debt and how it was calculayed, demand to sed your agreement to pay as well as a copy of the alleged emails. Then tell them not to call you. Send it certified, return receipt requested; if they don't respond appropriatey within 30 days, they're barred from further action. And if they call again making threats before you get the letter out, tell them to come on over and you'll have the police waiting for them.
Answered on Jul 05th, 2011 at 10:51 AM
Spencer Hale
They cannot literally take you by the hand to court, but they can file a complaint with the court and require you to at least file a response to their complaint. I would suggest meeting with an attorney.
Answered on Jul 05th, 2011 at 10:16 AM
You can be sued like anyone else but you seem to be judgment proof at this time. Bankruptcy would be one solution to get rid of all the debt. I don't know what your daughters have to do with your debts but if they are co-debtors they can be sued just like you and they may not be judgment proof like you so the creditors might be able to collect from your daughters by garnishing their wages or levying their bank accounts.
Answered on Jul 05th, 2011 at 9:52 AM
Glen Edward Ashman
They can sue you. However they cannot take your unemployment. If you are over your head in bills you may want to consider bankruptcy as a way to possibly wipe the bills out. See a lawyer to discuss that.
Answered on Jul 01st, 2011 at 5:21 PM