Legal Question in Business Law in California

Nonsecured loan non payment

Can HFC take you to court for nonpayment of a loan for 11K? What can they do to the customer?


Asked on 5/08/09, 1:40 pm

3 Answers from Attorneys

Adam Telanoff Telanoff & Telanoff

Re: Nonsecured loan non payment

Yes.

They can get a judgment, and enforce it in all the many ways that a money judgment may be enforced.

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Answered on 5/08/09, 2:00 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Nonsecured loan non payment

So what did you think would happen?

You didn't pay, so they will take you to court, they will get a judgment, and they will then be able to take your wages, bank accounts, and every type of property.

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Answered on 5/08/09, 3:22 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Nonsecured loan non payment

Sure, they can take you to court, and with a balance due of $11,000 plus interest, there's a pretty good chance they will, although for small amounts lenders are less likely to find it worth while. To some extent, your likelihood of being sued may depend upon whether you appear to the creditor as someone who can pay a judgment or someone with no job and no assets. Lenders know you can't get blood out of a turnip.

Don't overlook the possibility that you have defenses, such as the statute of limitations.

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Answered on 5/08/09, 3:59 pm


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